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(영문) 전주지방법원 2021.01.26 2020가단13313
사해행위취소 등
Text

A. On December 17, 2019, the Defendant and C share 2/13 of each of the real estate listed in the separate sheet Nos. 1 and 2 in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 26, 2018, the Plaintiff filed an application against C for a payment order claiming acquisition money as Seoul Eastern District Court 2018 (3949). On October 25, 2003, the said court ordered C to pay 17% per annum from October 25, 2003 to April 29, 2008; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment; and the said payment order was finalized on May 25, 2018.

B. The Defendant’s spouse D (hereinafter “the Deceased”) died on August 12, 2010, and his heir died on September 3, 2006, the Defendant’s spouse C, E, F, G, and H’s children who died on September 3, 2006, and C’s inheritance shares are 2/13.

(c)

The deceased’s inherited property, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate” or “each of the instant real estate” or “each of the instant real estate 1 through 3”) and the real estate set forth in the previous week, Jinjin-gu, Seoul. However, on December 17, 2019, the deceased’s co-inheritors completed the registration of the transfer of ownership in the name of the Defendant, as to the instant real estate and the instant real estate 1, and 2, as to the instant real estate as the receipt on December 18, 2019 by the Jeonju District Court No. 125195, Dec. 18, 2019; as to the instant three real estate, as the receipt on December 18, 2019 by the Jeonju District Court Kim Jong-gu Office, a registry office of registry offices of Korea, for the division of the inherited property.

(d)

At the time of consultation on the division of the inherited property of this case, C did not have any property other than the inheritance shares (2/13 shares) in each of the instant real property and the above I-ground housing.

[Grounds for recognition] Each entry of Gap 1 to 10 evidence (including each number), and the purport of the whole pleading

2. Determination:

A. 1) The debtor in a state of excess of his/her obligation is entitled to his/her share in the inherited property in consultation on the division of the inherited property.

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