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(영문) 광주지방법원 목포지원 2018.04.18 2017가단51953
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

Each real estate listed in the separate sheet between Defendant A and C.

Reasons

1. Facts of recognition;

A. On May 4, 2012, the Plaintiff filed a lawsuit against the Gwangju District Court for the claim for the takeover amount against C, and the said court rendered a judgment that “C shall pay to the Plaintiff the amount calculated at the rate of 17% per annum from November 3, 2011 to the date of full payment” with respect to KRW 40,708,746 and KRW 15,55,101, whichever is earlier, the said judgment became final and conclusive around that time.

B. D owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on November 4, 2014, and died on November 4, 2014. The heir, who is the spouse, had Defendant A (3/11 shares in inheritance), C, E, F, and G (2/11 shares in inheritance, respectively).

C. On November 4, 2014, the above inheritors, including Defendant A and C, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the effect that Defendant A independently owns each of the instant real property, and Defendant A completed the registration of ownership transfer on January 16, 2017 with respect to each of the instant real property by agreement division.

On March 24, 2017, Defendant A sold each of the instant real estate to Defendant B by determining the purchase price as KRW 55 million, and Defendant B completed the registration of ownership transfer for each of the instant real estate on the same day.

E. Meanwhile, at the time of the instant agreement on the division of inherited property, C did not have any property other than its own shares of inheritance among each of the instant real property.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 (if any, including each number; hereinafter the same shall apply), Gap evidence 1, 2, 3, and Eul evidence 1, the time of dissemination by this court, the result of response to each order to submit tax information on the tax secretary, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the above preservation claim, the plaintiff had a claim for the amount of money transferred according to the final judgment against C at the time of the agreement on the division of inherited property of this case. Thus, the above claim becomes a preserved claim for the revocation of fraudulent act

(b).

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