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(영문) 창원지방법원진주지원 2020.11.10 2020가단34321
사해행위취소
Text

On December 5, 2018, it was concluded on December 5, 2018 with regard to 2/11 shares of the real estate listed in the attached list between Defendant B and D.

Reasons

1. Facts of recognition;

A. On October 15, 2019, the Plaintiff filed a lawsuit against D and F with respect to the claim for the amount of the transfer money under the Seoul Central District Court Decision 2019DaDa1689267, which held that “D and F shall jointly and severally pay to the Plaintiff the amount calculated at the rate of 22% per annum from November 15, 1998 to the date of full payment,” and the above judgment became final and conclusive after the Defendants’ subsequent appeal was withdrawn.

(hereinafter “this case’s transferee claim”). (b)

As the deceased G died on October 13, 2018, on December 5, 2018, the wife B (3/11 shares), children H, I, D, and J (2/11 shares) agreed on the division of inherited property (hereinafter “the instant real property”) to be owned B, which is inherited property, on December 5, 2018.

(hereinafter “instant agreement on division of inherited property”). C.

Defendant B completed the registration of transfer of ownership based on inheritance by agreement division as the receipt of No. 38928 on December 14, 2018 with respect to the instant real estate by the Changwon District Court Seocheon District Court Seocheon District Court Decision No. 38928

(hereinafter “Registration of Transfer of First Ownership”). Afterward, Defendant B completed the registration of transfer of ownership on January 9, 2019 to Defendant C, who is a child of D and F, for the instant real estate, due to donation on January 7, 2019, the Changwon District Court Law No. 807, which received on January 9, 2019.

(hereinafter “instant transfer registration of ownership No. 2”). D.

D At the time of the instant agreement on the division of inherited property, 1/2 shares of K Forest land in 331 square meters and 235 square meters in Gyeongcheon-gun, Gyeongcheon-si, Gyeongcheon-si. However, the officially announced price in 2019 for each real estate or shares in 2019 (=2,000 square meters x 331 square meters x 331 square meters), 10,046,250 won (=85,500 square meters x 235 square meters x 1/2 shares), and the principal and interest of the instant gold payment claim at the time of the instant agreement on the division of inherited property is KRW 103,381,802.

【Ground for recognition” has no dispute, and each description of Gap's 1 through 7.

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