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(영문) 서울중앙지방법원 2019.10.17 2018가단5170856
사해행위취소
Text

1.(a)

On June 1, 2018, the defendant and C (D) share of 2/9 of the real estate indicated in attached Form 2/9 among the real estate indicated in attached Form 3.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C on the ground of the claim that he/she acquired by transfer from Co., Ltd., Ltd., and the said court accepted the Plaintiff’s claim on February 9, 2017 and rendered a judgment that “C shall pay to the Plaintiff 4,911,101 and 1,976,024 won per annum from July 9, 2016 to February 2, 2017; and 15% per annum from the next day to the date of full payment.”

Since then, the above judgment became final and conclusive.

B. Division consultation of inherited property 1) NetworkF (hereinafter “the deceased”).

(2) On February 4, 2018, the Defendant, C, G, and H were deceased on February 4, 2018, and on June 1, 2018, the heir, the spouse of the Defendant, C, G, and H were entitled to an agreement on division of inherited property (hereinafter “instant agreement on division”). On June 4, 2018, the Defendant completed the registration of ownership transfer on the ground of “an inheritance by division” as to the instant real property by agreement and division.

3) At the time of the instant split-off consultation, C had no particular property, and was in excess of the debt to financial institutions including the Plaintiff. (c) Thereafter, the right relationship1 of the instant real estate was assessed to KRW 178,00,000 as the value of the instant real estate in the previous Jeju District Court I’s International Compulsory Auction proceeding commenced on September 5, 2018 regarding the instant real estate. At the time of the instant split-off consultation, at the time of the instant split-off consultation, the registration for the establishment of a right to lease on a deposit basis was completed.

2) After the instant partition consultation, the registration of the establishment of the right to lease on a deposit basis, which was completed with respect to the instant real estate, was cancelled on June 8, 2018 due to termination on June 7, 2018. [The fact that there is no dispute over the grounds for recognition, and evidence Nos. 1 through 4, 7, 8, 9, and 16, respectively.]

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