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(영문) 전주지방법원군산지원 2020.01.16 2019가단50326
사해행위취소
Text

1. On September 28, 2018, the Defendant and Nonparty C concluded on September 28, 2018 regarding shares in 2/9 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On October 14, 2016, the Plaintiff filed a lawsuit against Nonparty C for reimbursement with the Seoul Central District Court. On October 14, 2016, the said court rendered a judgment that “C shall pay to the Plaintiff 13,091,690 won and 3,569,513 won among them, 18% per annum from October 26, 2006 to September 30, 2015, and 15% per annum from the next day to the date of full payment,” and the said judgment was finalized on November 9, 2016.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by Nonparty D (hereinafter “the deceased”). On April 24, 2007, the ownership transfer registration was made in the Defendant’s name on October 4, 2018 due to the inheritance by consultation division.

C. The Deceased died on April 24, 2007, and there are E, F, and C, a spouse, as his/her heir.

On the other hand, C is insolvent after June 1, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4 (including branch numbers, if any; hereinafter the same shall apply)

2. The parties' assertion

A. On April 24, 2007, the date of acquisition of the Defendant’s ownership on the registry of the instant real estate asserted by the Plaintiff, or on September 28, 2018, where the deceased’s inheritors consulted on the division of inherited property.

At the time, C renounced 2/9 of its own shares in the above real estate under insolvent, which constitutes a fraudulent act against the Plaintiff, a creditor, and the agreement on the division of the above inherited property should be revoked.

In addition, since the right to collateral security established on the instant real estate was cancelled after September 28, 2018, the Defendant shall compensate the Plaintiff for the value.

B. The Defendant’s assertion 1) The date of consultation on the division of inherited property regarding the instant real estate is the date of April 24, 2007 or September 20, 2018, which is the date of the cause indicated in the certified copy of the register. 2) The right to collateral security established on the instant real estate at each of the above periods.

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