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(영문) 울산지방법원 2020.07.02 2019가단122546
사해행위취소
Text

1. It was concluded on February 2, 2018 between the Defendant and C as to shares in 2/13 of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. In this Court’s claim for 2008Gau31921, “C, D, and E shall jointly and severally pay to the Plaintiff 28,824,718 won and 10,000,000 won among them at the rate of 22.5% per annum from July 3, 2006 to the date of full payment.” “The performance recommendation decision was finalized on April 29, 2008.”

B. The Plaintiff filed an application against C for a payment order for the extension of the extinctive prescription of the 2008Gada31921 on the ground of this Court’s claim for 2018Ga608, and C pays to the Plaintiff the amount calculated by the rate of 22.5% per annum from July 3, 2006 to the date of full payment with respect to 30,423,294 won and 6,712,585 won among them. The payment order to the effect was finalized on March 28, 2018.

C. On August 30, 1979, the Defendant’s husband F completed the registration of ownership transfer on the real estate listed in the attached list No. 1, and completed the registration of ownership transfer on February 21, 2005 on the real estate listed in the attached list No. 2.

The F died on February 2, 2018, and the F’s heir and children, the spouse, C, G, H, I, and J.

On May 28, 2019, the Defendant completed the registration of ownership transfer due to inheritance by agreement division (hereinafter referred to as “instant agreement division”) dated February 2, 2018 with respect to each real estate listed in the separate sheet on May 28, 2019.

C was in excess of the obligation at the time of the instant agreement division.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), fact-finding by this court, order to submit financial information, response to each reply to order to submit tax information, the purport of the whole pleadings.

2. Since judgment C on the cause of the claim committed a fraudulent act detrimental to the Plaintiff, who is a creditor, by means of the instant agreement and division that transfers his/her inheritance shares on each real estate listed in the separate sheet to the Defendant in excess of debt, the agreement between the Defendant and C on February 2, 2018 regarding the 2/13 shares equivalent to C’s inheritance shares among each real estate listed in the separate sheet is concluded.

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