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(영문) 전주지방법원 2016.09.02 2015가단28229
사해행위취소등
Text

1. The Defendant and Nonparty C concluded on June 20, 201 with respect to each of the 2/7 shares in the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 21, 2012, the Plaintiff filed a lawsuit against Jeonju District Court 201Hun-Ga3851 against C, who is his/her father and wife. On December 31, 2012, the said court rendered a ruling of recommending reconciliation with the purport that “C shall pay to the Plaintiff KRW 130,000,000,00 to the end of December 31, 2013, and if payment is delayed, the payment shall be paid in addition to the annual damages for delay from the day following the due date to the day of full payment.” The said ruling of recommending reconciliation was finalized around that time, but C did not pay the above amount to the Plaintiff.

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was originally owned by the Defendant’s husband D, and D died on June 20, 2013, and D was the heir of D, the wife of the Defendant, E, and C.

C. On June 20, 2013, the deceased D’s successors entered into an agreement on division of inherited property with the purport that the Defendant will own each of the instant real estate, and completed the registration of ownership transfer based on inheritance under the above agreement on division of inherited property as the receipt of an all-round indictment of the Jeonju District Court on July 17, 2013 in the future of the Defendant on each of the instant real estate.

C At the time of the above agreement on division of inherited property, the above real estate did not own any property other than the inheritance shares of each of the instant real estate at the time of the agreement on division of inherited property. At the time of the above agreement on division of inherited property, the market price of each of the instant real estate was 153,768

E. After the registration of ownership transfer, the Defendant completed the registration of the establishment of a new community depository and the maximum debt amount at KRW 52,00,000,000, with respect to each of the instant real estate as to the instant real estate, under Article 68364, which was accepted on August 19, 2013.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 and 2 (including additional number), appraiser F's appraisal statement, the purport of the whole pleadings

2. The agreement on division of inherited property shall begin with a mistake in judgment and inheritance.

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