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(영문) 대전지방법원홍성지원 2019.11.27 2019가단43
사해행위취소 등
Text

1. Of each real estate listed in the separate sheet 1 and 2 between the defendant and C, 2/17 shares are concluded on July 16, 2016.

Reasons

1. Facts of recognition;

A. On November 26, 2016, the Plaintiff filed an application with the Daejeon District Court for a payment order against the Plaintiff seeking payment of the acquisition amount under the Seocheon-gun District Court 2016 tea290. On October 26, 2016, the payment order became final and conclusive with the content that “C shall pay to the Plaintiff the amount of KRW 17,561,043 and the amount of KRW 17% per annum from October 25, 2003 to October 14, 2006; 20% per annum from the next day to September 30, 2015; and 15% per annum from October 1, 2015 to the date of full payment.”

B. D’s death on July 16, 2016 and the E and seven children (including C and the Defendant) who were their spouses jointly succeeded to their property.

Attached Form

On March 15, 2018, the head of the Daejeon District Court and the registry office of the Daejeon District Court and the registration of ownership transfer was completed on July 16, 2016 with respect to each real estate listed in the list 1 and 3 due to the agreement on division of inherited property.

C. On June 1, 192, D newly built and obtained approval for use on June 1, 1992, D resided with E, and D died, registration of ownership preservation was completed on March 15, 2018.

At the time of the consultation on division of the above inherited property, there were inheritance shares among the real estate listed in the attached list as active property of C, and the small property (the Plaintiff’s claim amount as of December 28, 2018) exceeded active property.

【Ground of recognition】 Evidence No. 1, Evidence No. 3-1 through 3, Evidence No. 5, and the purport of the whole pleadings

2. The establishment of a fraudulent act;

A. According to the above facts of recognition, since the Plaintiff’s above claim against C arising prior to the agreement on division of the above inherited property, the above claim is subject to the obligee’s right of revocation.

B. The date and time of approval for use of the real estate listed in the separate sheet 2, and the time of the completion of the registration of the establishment of a neighboring mortgage in the future of the FF association as to the real estate listed in the separate sheet 1, which is the site of the above real estate, also the real estate

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