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(영문) 서울중앙지방법원 2016.09.27 2016가단16281
사해행위취소 등
Text

1. As to shares 2/13 of the real estate listed in the Schedule,

A. It was concluded on May 26, 2015 between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) filed an application with the Incheon District Court for a payment order against B to claim payment of the acquisition amount of KRW 5,509,251 from the above court on March 13, 2007 to the date of delivery of the payment order, and KRW 17% per annum from October 25, 2003 to the date of delivery of the payment order, and KRW 20% per annum from the next day to the date of full payment. The above payment order was served to B on March 27, 2007, and became final and conclusive on April 11, 207, and KRW 5,509,251 per annum from the above payment order for the Plaintiff’s acquisition of the acquisition amount of KRW 5,509,251 per annum from the above court on January 29, 2016 to the date of payment order. The Plaintiff’s payment order remains at the rate of KRW 15,1541 per annum from the above payment order for delay.

B. A dispositive act B B’s father died on May 26, 2015, and his inheritor died on May 26, 2015, and around May 26, 2015, the inheritor (hereinafter “instant agreement on the division of inherited property”). Around May 26, 2015, the inheritor (hereinafter “instant agreement on the division of inherited property”) made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to real estate listed in the attached list in C’s name (hereinafter “instant real estate”).

The Defendant completed the registration of transfer of ownership in the name of the Defendant under the Seoul Central District Court’s registration office No. 179478, Jun. 29, 2015, following the agreement on division of the instant inherited property.

C. At the time of the split-off of the instant inherited property B’s insolvent, B did not have any particular property other than the inheritance shares of 2/13 regarding the instant real estate (as of January 1, 2015, by multiplying the inheritance shares of 64,00,000 won, which is the publicly notified price of the instant real estate as of January 1, 2015, by the inheritance shares of 2/13).

[Ground of Recognition] Unsatisfy, or described in Gap evidence 1 to 5 (including paper numbers), respectively.

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