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(영문) 창원지방법원거창지원 2016.07.19 2016가단832
사해행위취소 등
Text

1.(a)

With respect to 2/9 shares among the real estate listed in the separate sheet between the defendant and B, each of the real estate listed in the separate sheet shall be as of March 2015.

Reasons

1. Indication of claim;

A. The Defendant is the deceased’s spouse of the deceased C (hereinafter “the deceased”), and the deceased’s children of B, D, and E were co-inheritors upon the death of the deceased on March 24, 2015.

B. On January 29, 2008, the Plaintiff filed a lawsuit against Suwon District Court 2008Gadan9303, the Plaintiff filed a lawsuit against the Plaintiff seeking the payment of the acquisition amount. On August 27, 2008, the above court rendered a judgment that “B shall pay to the Plaintiff the amount of KRW 24,785,00 and the amount of KRW 17% per annum from October 25, 2003 to July 23, 2008, and the amount of interest calculated at the rate of 20% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive around that time.

C. Upon the death of the deceased, the Defendant, B, D, and E, a co-inheritors, agreed on the division of inherited property that the Defendant decided to own solely (hereinafter “instant division agreement”) each of the real estate listed in the separate sheet, which was owned by the deceased (hereinafter “each of the instant real estate”). On April 9, 2015, the Defendant completed each of the instant real estate transfer registration on March 24, 2015, based on the instant division agreement.

On the other hand, on March 13, 2015, the defendant sold the real estate in the attached list Nos. 1 and 2 to F, and on April 9, 2015, the registration of transfer of ownership in F was completed in the name of F.

In addition, on March 13, 2015, the defendant sold the real estate of Paragraph 3 in the attached list to G, and on April 17, 2015, the registration of ownership transfer in the name of G was completed.

E. B, at the time of the instant partition consultation, there was no particular positive property except for shares 2/9 corresponding to one’s own inheritance shares among each of the instant real estate at the time of the instant partition consultation, so the negative property was in insolvent exceeding the positive property.

F. B The instant partition agreement, among each of the instant real estates that is the only property of B, waives the rights to shares of 2/9, including the Plaintiff, barring any special circumstance.

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