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(영문) 대구지방법원 2021.01.20 2020가단110769
사해행위취소 등
Text

1. (a) On February 15, 2020, between the Defendant and C as to 2/9 shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 18, 2002, the Plaintiff lent 200 million won to C the payment date to the Defendant and the siblings, respectively, at the face value of 100 million won per each on August 3, 2002 and August 14, 2002. The Plaintiff filed a lawsuit against C on the loan claim amounting to 1791 by the Daegu District Court 2006 and 1791, and won on April 3, 2007. The above judgment became final and conclusive on May 18, 2007.

B. Following the death of January 17, 2020 by C and D, a person who belongs to C and the defendant, the spouse of E and C, B and F respectively.

The share of the C is 2/9.

(c)

Attached Form

On February 15, 2020, the above inheritors jointly inherited the property due to the death of D, and the inheritors agreed to inherit the property solely by the defendant on February 15, 2020.

(d)

C has no property other than the above inherited property, and is in excess of the debt.

[Evidence] Evidence Nos. 1 through 11, the purport of the whole pleadings

2. According to the above facts of recognition, the agreement on the division of inherited property concluded between the defendant and C with respect to the real estate stated in the separate sheet is an act of infringing the plaintiff. Thus, the plaintiff's claim seeking the cancellation of the period, such as cancellation and restoration, is justified.

3. Conclusion Claim of the Plaintiff

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