beta
(영문) 서울동부지방법원 2015.09.01 2014가단129766

사해행위취소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 4, and purport of the whole pleadings);

A. On August 17, 2012, the Plaintiff was rendered a favorable judgment of the Seoul Central District Court in favor of the Plaintiff that “F shall pay to the Plaintiff 24,097,980 won and 15,694,328 won, calculated at the rate of 25% per annum from January 5, 2005 to the date of full payment.” As of September 15, 2014, the amount of credit pursuant to the above judgment is KRW 49,804,173 won.

B. G, a father of F, was deceased on June 11, 200 on the part of 261/541 shares of H, H, 178 square meters (hereinafter “land before the instant subdivision”). G’s heir was the wife (3/15 shares in inheritance), and there was I, J, K, L, F, M (each inheritance shares 2/15).

C. 1) On July 3, 2012, Defendant A completed the registration of ownership transfer on the portion of said G 261/541 out of the land before the instant partition on June 11, 200. (2) The land before the instant partition was divided into each of the land listed in the separate sheet (hereinafter “each of the instant land”) around October 17, 2012.

3. On October 24, 2012, Defendant A completed the share transfer registration based on the division of common property on October 23, 2012 with respect to the portion 280/541, among the instant immovable property, on October 24, 2012, Defendant A completed the share transfer registration based on the sale on October 23, 2012 to Defendant B; (2) the share transfer registration based on the sale on October 22, 2012; (3) the share transfer registration based on the division of common property on October 23, 2012 with respect to the share 261/541 among the instant immovable property; and (4) the share transfer registration based on the division of common property on October 23, 2012 to Defendant D, which was based on the sale on October 23, 2012; and