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(영문) 서울서부지방법원 2014.10.16 2013가단207166

사해행위취소

Text

1. As to shares 2/15 of each real estate listed in the separate sheet:

A. B and the Defendant on March 12, 2008

Reasons

1. Basic facts

A. The plaintiff's claim against B (1) filed a lawsuit claiming the amount of 12,190,000 won against B against the plaintiff and 2,60,000 won among them on May 22, 2001, the Seoul District Court Decision 2001Da4219 decided on April 23, 1998 that "B obtained a final judgment against the plaintiff as to 2,90,000 won from March 23, 1998 to May 25, 1998; 2,90,000 won from May 25, 1998 to April 4, 190, 190, and from June 23, 200 to April 23, 200; and 25% from the next day to the date of full payment; and the above judgment against the plaintiff was rendered as a final judgment against the plaintiff 601,60% per annum."

(2) In order to interrupt extinctive prescription of a claim based on the above judgment, the Plaintiff filed a lawsuit claiming reimbursement against B with Suwon District Court 201Da79827. On December 23, 201, “B” on KRW 12,190,000 and KRW 2,60,000 among them, from March 23, 1998 to April 23, 1998; and on KRW 2,90,000 from May 25, 1998 to April 4, 1998 to April 23, 1998; and on KRW 2,90,000 from June 10, 200 to April 23, 201; and on KRW 15,200 to December 13, 201, the Plaintiff rendered a favorable judgment with the interest of KRW 12,50 per annum from the following day to December 25, 201.”

B. B’s act of disposing of property and property status (1) C completed the registration of ownership transfer for each of the real estate listed in the separate sheet on October 6, 1982 (hereinafter “each of the instant real estate”). On February 18, 2006, C died on February 18, 2006, C inherited the property of the deceased in proportion to 2/15 shares in each of the Defendant, B, E, F, G, and H, his children, and thereafter, the registration of ownership transfer was completed in the name of the above inheritor including the Defendant on December 5, 2007 in proportion to their respective inheritance shares.

(2) On March 12, 2008, B and the Defendant and each of the instant real estate (hereinafter “instant gift contract”) are deemed to be the “instant gift contract.”