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(영문) 대구지방법원안동지원 2020.04.22 2018가단23346
사해행위취소
Text

1. Of the real estate listed in the separate sheet 1 and 2 between Defendant A and C, each of 1/5 shares is concluded on June 16, 2014.

Reasons

1. Basic facts

A. On August 31, 2007, the Plaintiff filed a lawsuit against C and one other for the payment of the acquisition amount under the Daegu District Court Decision 2007Da78439, the Plaintiff filed a lawsuit against C and one other for the payment of the acquisition amount, and the judgment was rendered on August 31, 2007, that “C shall pay to the Plaintiff 25% per annum for KRW 76,707,184 and KRW 15,270,713 as to KRW 25% per annum from June 21, 2007 to the date of complete payment, from June 21, 2007 to the date of complete payment.” The above judgment was finalized on September 21, 2007.

In order to extend the extinctive prescription period of claims based on the above final judgment, the Plaintiff applied for a payment order with the Daegu District Court No. 2017 tea1250, August 17, 2017, and received a payment order with the same content as the above final judgment, and the said payment order was finalized on November 8, 2017.

B. The agreement on the division of inherited property and the real estate disposition (1) D of the instant case by Defendant A died on June 16, 2014, and five (1/5, respectively, in inheritance shares) including C and Defendant A were the successors.

(2) Defendant A completed the registration of ownership transfer on August 7, 2014 due to inheritance by agreement and division on June 16, 2014 (hereinafter “instant agreement on division of inherited property”) with respect to each of the instant real estate owned by the network D.

(3) On December 12, 2014, Defendant A sold the instant real estate to Defendant B and completed the registration of ownership transfer on the same day.

C. C’s property status was the sole property of the inheritance shares on each of the instant real estate at the time of the agreement on division of the instant inherited property, and was in excess of the debt.

[Ground] Evidence Nos. 1 through 8, and the inquiry results of the inquiry conducted on March 6, 2019 about the Ansan market, the results of the inquiry conducted on the financial transaction information inquiry conducted on E, and the purport of the entire pleadings

2. Determination

A. The Plaintiff’s assertion constitutes a fraudulent act, and all Defendant B, the subsequent purchaser of Defendant A, the first and second real estate, the beneficiary, constitutes the instant agreement on the division of inherited property. Thus, the revocation of the agreement on the division of inherited property of this case and the Defendant B regarding the first and second real estate of this case.

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