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(영문) 대구지방법원포항지원 2020.08.13 2020가단102400
사해행위취소
Text

1. The inherited property concluded on February 19, 2018 with respect to 3/9 shares, out of 535 square meters in Nam-gu E-gu, Nam-gu, Sinpo-si, Nam-si, and D.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) around April 2016, the Plaintiff sought payment of the construction cost of KRW 264,394,000 under the construction contract entered into with D, and delayed interest damages. As to this, the lower court rendered a favorable judgment on November 9, 2017 (Seoul District Court Port Branch Decision 2017Gahap10508), which became final and conclusive on May 2, 2017 to October 11, 2018 by ordering D to pay the Plaintiff KRW 130,282,283 as well as its related interest at each rate of KRW 15% per annum from May 2, 2017 to October 11, 2018.

(Seoul High Court Decision 2017Na25650 decided October 11, 2018). (B)

F, a spouse of D, died on January 13, 2018, and the heir is D and Defendant GH, a child. 2) DefendantGH and D entered into a contract for division of inherited property on February 19, 2018 and decided to own the real property indicated in the order solely by the Defendant. On March 7, 2018, the Defendant completed the registration of ownership transfer due to inheritance by agreement division on January 13, 2018.

3) At the time of concluding a contract for division of inherited property, 3/9 shares of the real estate recorded in the text was D’s sole active property. (c) After concluding a contract for division of inherited property, the registration of establishment of superficies was completed on March 29, 2018 on the registration of establishment of mortgages (the maximum amount of claims KRW 37 million and KRW 70 million) in the name of the I Association established prior to the conclusion of a contract for division of inherited property, in respect of the real estate recorded in the order.

2) At the time of cancellation of each of the above collateral security rights, the amount of the secured obligation at the time of cancellation exceeds KRW 80,32,887 = 25,715,227 + KRW 54,617,660 + (3) the market price as of January 13, 2018 as of January 13, 2018 is KRW 233,795,000, and the market price as of June 13, 2020 is KRW 331,70,000.

[Ground] Facts without dispute; Gap evidence Nos. 1-3 (including paper numbers; hereinafter the same shall apply); Eul evidence Nos. 1-3; the result of the market price appraisal entrustment to J; the purport of the whole pleadings

2. Determination:

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