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(영문) 청주지방법원 제천지원 2018.05.02 2017가단922
사해행위취소 등
Text

1. The plaintiff's lawsuit against the defendant B dismissed the plaintiff's claim for revocation of an inherited property consultation or division contract.

2. Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) filed a claim against the past C for the acquisition of an executive title; and (b) filed an application for the same payment order against C in order to interrupt extinctive prescription on or around 2016.

On August 11, 2016, Cheongju District Court ordered the Plaintiff to pay “C shall pay 17% per annum from October 25, 2003 to October 18, 2006, 20% per annum from October 19, 2006 to September 30, 2015, and 15% per annum from October 1, 2015 to the date of full payment.”

The above payment order was finalized on November 18, 2016.

(Cheongju District Court Decision 2016j. 608). (b)

D died on October 10, 2014.

D At the time of the death of the heir, there was E, F, C, G, H, Defendant A, a child, and each real estate listed in the separate sheet as inherited property.

C. On October 10, 2014, Defendant A entered into an agreement on division of inherited property (hereinafter “instant agreement on division”) with the content that Defendant A wishes to own each real estate listed in the separate sheet with E, F, C, G, H, and H as control.

On November 3, 2014, Defendant A completed the registration of ownership transfer based on inheritance by consultation and division on October 10, 2014 with respect to each real estate listed in the separate sheet on November 3, 2014.

Defendant B is a dependent of Defendant A, and completed the registration of ownership transfer on October 4, 2016 with respect to each real estate listed in the separate sheet on October 4, 2016.

C At the time of entering into the instant agreement for division, there was no active property other than the portion of inheritance for D’s inherited property at the time of entering into the agreement, and the Plaintiff as a small property.

1.(a)

there was a debt described in subsection (1).

[Ground of recognition] Each entry in Gap evidence Nos. 1, 3, 4, 5, 6, and Eul evidence Nos. 1 (including each number number), and the purport of the whole pleadings

2. Of the Plaintiff’s lawsuit against Defendant B, the Plaintiff’s determination on the claim for revocation of the agreement on division of inherited property as indicated in the separate sheet between Defendant B and C.

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