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(영문) 서울고등법원 2018.10.04 2018나2019703

사해행위취소

Text

1. Of the judgment of the court of first instance, the part concerning Defendant J Union is revoked, and the part pertaining to the revocation thereof is applicable.

Reasons

1. Basic facts

A. K filed a lawsuit seeking partition of co-owned property as to O forest land 40,070 square meters (hereinafter “land before the instant partition”) owned with M, N, Plaintiff B, C, E, F, G, H, etc. (hereinafter “M, etc.”) with Suwon District Court Decision 2005Kadan51293, G, and H, etc. (hereinafter “M, etc.”)

(hereinafter “instant case”). 1 M 102,963,00 2 B B 102,963,000 3 C 102,963,000 4 N 36,339,8835 E E 6,056,6476, F24,226,587 G 6,056,647 8 H 6,64787 41,852,000 totaling 41,852,000

B. On November 8, 2007, the Suwon District Court rendered a judgment that K shall own the remaining 33,105 square meters of the land before the instant subdivision and shall be divided into M, etc.; however, K shall pay damages for delay calculated at the rate of 5% per annum from the day following the day when the judgment became final and conclusive to the day of complete payment with respect to each of the money listed in the table below below to M, etc., and the above judgment became final and conclusive on June 1, 2008.

(hereinafter “the instant judgment”). Of the land before the instant partition, which K agreed to own in the instant case, the 6,965 square meters of the land prior to the instant partition was divided into the Suwon-si L on September 18, 2008.

(hereinafter “instant land”). C.

Plaintiff

A on November 29, 2008, upon inheritance by agreement division, succeeded to the claim for the above judgment amount against M M, and on May 18, 2009, the plaintiff D succeeded to NN's claim for the above judgment amount with respect to N, according to inheritance by agreement division.

With respect to the portion of 1/5 shares in the land before the division of this case, the establishment registration of a mortgage on October 25, 2006, the maximum debt amount of 187,500,000 won, the debtor P, P, P, P, and R was completed on October 25, 2006, the maximum debt amount of 700,000,000 won, the debtor, K, and P, the debtor, K, and P, the establishment registration of a mortgage on September 10, 201, the maximum debt amount of 60,00,000,000 won, the debtor, P and P, and D, respectively.

E. Defendant I Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company on October 20, 2015.