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(영문) 전주지방법원군산지원 2020.01.21 2019가단52001
사해행위취소
Text

1. It was concluded on March 16, 2017 with respect to one-fifth share of the real estate listed in the separate sheet between the Defendant and C.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “E”) had a claim against C for the principal and interest arising from the loan as of April 1, 2009, the principal and interest of which were 26 million won as to the loan principal. However, around April 23, 2010, the foregoing claim is deemed to be “E” without distinction between F Co., Ltd. and F Co., Ltd. (former trade name: hereinafter “E”).

A) Around that time, E transferred to C, and notified C of the transfer. On January 19, 2011, E applied for a payment order against C with the Seoul Western District Court 201j.930, E received an order of payment from the above court to the effect that “C shall pay to E 34,238,982 won and 25,728,303 won, calculated at the rate of 20% per annum from January 25, 2011 to the day of full payment,” and the above payment order was finalized on February 8, 2011.2) The above payment order against C was transferred to the Plaintiff on December 31, 2015 through G, and each transfer was made.

B. C and the Defendant’s mother, the mother of C and the Defendant, such as consultation on the division of inherited property (hereinafter “the deceased”).

A) Around March 16, 2017, the deceased and his heir died, and there was C and the Defendant, I, J, and K, who were their children (each of the inheritance shares 1/5). However, around March 16, 2017, C and co-inheritors including the Defendant, and the Defendant agreed on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with a view to solely succeeding the land indicated in the separate sheet, which is the inherited property of the deceased (hereinafter “instant land”).

Accordingly, on July 7, 2017, the Defendant completed the registration of ownership transfer by the Jeonju District Court No. 31670 for the instant land.

3. After October 18, 2017, the Defendant donated the instant land to L who is an son, and completed the registration of ownership transfer on the same day.

C. C’s property status did not hold any property other than one’s own shares in the instant land at the time of the instant agreement on division of inherited property, whereas the said property status was against the Plaintiff.

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