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(영문) 인천지방법원부천지원 2016.06.23 2015가단110814
사해행위취소
Text

1. It was concluded on May 15, 2014 with respect to 2/15 shares of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. A. On April 7, 2006, a limited liability company specializing in the first securitization of the beneficiary company filed a lawsuit against B to claim for the acquisition of money with the Goyang District Court 2005Kadan23677, and on April 7, 2006, the above court rendered a judgment that "B shall pay to the limited liability company specializing in the second securitization of the beneficiary company 49,792,549 won and 20,832,729 won per annum 19% per annum from August 14, 2005 to the date of full payment to the date of full payment." The above judgment became final and conclusive on May 10, 2006.

B. On February 17, 2015, a limited liability company specializing in the first securitization of the clinic, transferred a claim against B pursuant to the above judgment (hereinafter “instant judgment claim”) to the Plaintiff, and thereafter notified B of the claim.

C. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the network C, and as the network C died on May 15, 2014, the Defendant, who is the wife of the network C, jointly succeeded to each of the instant real estate at the rate of 2/15 of the inheritance shares, 3/15 of the inheritance shares, D, E, B, F, G, and H, each of the instant real estate in proportion to 2/15 of the inheritance shares.

On May 15, 2014, the successors of B and the network C, including the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the effect that each of the instant real property shall be owned solely by the Defendant, including the 2/15 shares of B, and accordingly, the Defendant completed the registration of transfer of ownership based on the agreement on division of inherited property under the Incheon District Court’s Vice-Support No. 4204, Jan. 15, 2015.

E. After July 13, 2015, the Defendant completed the registration of the establishment of a neighboring establishment with the maximum debt amount of KRW 27,600,000 with respect to each of the instant real estate to the Nonghyup Cooperatives.

F. At the time of the agreement on division of the inherited property of this case, B did not have any property other than 2/15 shares out of each of the instant real property.

[Ground of recognition] A.

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