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(영문) 인천지방법원 2017.10.17 2017가단15712
사해행위취소
Text

1. As to shares 2/13 of the real estate listed in the annex No. 1 list:

A. The Defendant and Nonparty B concluded on March 4, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Nonparty B against Nonparty B filed an application with the Peace Bank for a payment order seeking the payment of the amount of the loan on the ground of the claim that it received the entire transfer of the loan claim against Nonparty B. The Seoul Central District Court issued the payment order with the purport that “B shall pay to the Plaintiff 22,273,918 won and the amount of KRW 6,279,963 at a rate of 15% per annum from October 27, 2016 to the date of complete payment.” The payment order became final and conclusive on November 30, 2016 due to the Plaintiff’s failure to raise any objection against the above payment order, which became final and conclusive on December 15, 2016.

(hereinafter “instant payment order”). B.

1) A non-party C and D were married couple, and around December 1, 1993, the non-party C, the defendant, the non-party E, the F (the spouse G, the child H, the I), and the J (hereinafter “the deceased”) died on March 2, 2015. Around March 4, 2015, G, H, and I, the spouse and children of the deceased, who are the spouse and children of D, B, the defendant, E, the E, the J, and the F, were co-inheritorss of the deceased, and entered into an agreement on division of inherited property (hereinafter “instant division agreement”) with the defendant’s sole ownership of each real estate listed in the attached list owned by the deceased (hereinafter “each real estate of this case”).

3) On October 7, 2015, the Defendant completed the registration of transfer of ownership or shares on the instant real estate by inheritance due to a division by agreement between the Daejeon District Court and the Cheongyang Registry received on March 4, 2015. (c) The property status B was in excess of obligations around March 4, 2015, which was around the time of the instant division agreement. [Grounds for Recognition] The fact that there was no dispute over the instant real estate, A Nos. 1, 4, and 6 (including the number of each branch number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Determination as to the cause of action

A. According to the above recognition of the existence of the preserved claim, the Plaintiff is against B at the time of the instant partition consultation.

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