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Reasons
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(영문) 서울중앙지방법원 2016.04.12 2014가합533482
사해행위취소
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1. Attached Form B between Defendant B and D;

1. On August 20, 2012, concluded on August 20, 201 with respect to shares in each of the real estate recorded in the list.

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff filed a lawsuit claiming the repayment of loan against D on March 8, 2013 with the Seoul Central District Court 2013Kahap18511, and rendered judgment on June 21, 2013 that “D shall pay to the Plaintiff 40 million won, 18% per annum from March 30, 207 to April 4, 2013, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

B. The division consultation of the inherited property of this case 1) The network E, referring to D (hereinafter “the deceased”).

(B) On August 20, 2012, Defendant B and D died, and their successors were wife B (3/5 of inheritance) and D (2/5 of inheritance). (2) Defendant B and D on August 20, 2012

1. The agreement on the division of the inherited property that Defendant B’s sole ownership of the real estate indicated in the list (hereinafter “each of the instant real estate”) is concluded (hereinafter “agreement on the division of the instant inherited property”), and accordingly, the registration of ownership transfer was completed on December 5, 2013 by agreement and division on August 20, 2012.

Then, on December 5, 2013, Defendant B attached hereto among each of the instant real estate.

2. The registration of ownership transfer was completed on December 2, 2013 in the name of Defendant C (hereinafter “Defendant C”) regarding the real estate indicated in the list (hereinafter “part of the instant real estate”).

3. At the time of consultation on division of the inherited property of this case, D, the inherited property of the deceased, each of the instant real estate and attachment

3. There was no specific property in its name, in addition to the respective shares of inheritance for each real estate listed in the list (hereinafter referred to as “F land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 10, 12 (including each number), the purport of the whole pleadings

2. Determination

A. According to the statement in Gap evidence 1-1 of the establishment of the preserved claim, the plaintiff remitted the total of KRW 400 million to the deposit account in the name of D on March 30, 2007 and KRW 200 million on April 11, 2007.

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