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(영문) 대전지방법원 2020.08.19 2019가단114505
사해행위취소
Text

With respect to shares of ownership of 2/13 square meters in the preceding 1,240 square meters in Chungcheongnam-gun, Chungcheongnam-gun:

A. It was concluded on January 27, 2015 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On April 24, 2014, the Seoul Central District Court rendered a favorable judgment against C, which stated that “C shall pay 54,753,820 won to the Credit Guarantee Fund and delay damages therefrom,” and the judgment became final and conclusive around that time.

The Plaintiff was transferred by the Korea Credit Guarantee Fund the final and conclusive claim against C.

B. C’s Referral died on November 27, 1998, and five children, including the spouse E and the Defendant who is the spouse, were the inheritor.

On January 27, 2015, the co-inheritors of the deceased jointly owned 1,240 square meters prior to Cheongyang-gun, Chungcheongnam-gun (hereinafter “instant real estate”), which was owned by the deceased, solely owned by the Defendant, and four children, including the deceased’s spouse E and C, including the deceased’s spouse E, were subject to an inheritance on the instant real estate (hereinafter “instant division agreement”). Accordingly, on January 27, 2015, the ownership transfer registration was made in the Defendant’s future on January 27, 2015.

C. At the time of the instant division agreement, C had the inheritance share (2/13) on the land of 320 square meters in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, G, 607 square meters in total, and 3007 square meters in total H, but the total value of the officially announced land was less than 5.7 million won, and there was no other active assets.

On the other hand, even if the sum of the plaintiff's final and conclusive judgment and damages for delay, the small property was in excess of the debt amounting to KRW 190 million.

[Ground] Facts without dispute, Gap evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion is a quasi-government agency, the main business of which is the acquisition of non-performing loans, etc. by a financial company, and whose registration of ownership transfer was completed on or around January 27, 2015, and the one-year exclusion period has expired thereafter.

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