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(영문) 수원지방법원안산지원 2016.10.26 2015가단109522
사해행위취소
Text

1. It was concluded on February 18, 2012 on shares of 2/11 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. The following facts may be acknowledged in full view of the contents of evidence Nos. 1 to 8 of the basic facts and the purport of the entire pleadings as a result of the appraisal commission to the appraiser C of this Court, and there is no counter-proof.

With respect to Nonparty B, the Plaintiff has a claim against “the amount calculated at the rate of 19% per annum from April 29, 2015 to the date of full payment” with respect to KRW 56,757,021 and its KRW 49,000,000, which was based on the payment order finalized by Seoul Central District Court Decision 2015Da104398.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by Nonparty D, the father of the above B and the Defendant, and the above D died in around 2012 and succeeded to Nonparty E, the Defendant, the children, and the above B and F, and G as their successors. The inheritance shares in the above B were 2/11.

C. On February 18, 2012, the Defendant, the above B, and other inheritors, inherited the instant real estate on their own by the Defendant, and not more than the agreement on the division of inherited property, are deemed to be the “division agreement” of this case.

B. On February 7, 2013, the registration of ownership transfer was completed in the Defendant’s sole name with respect to the entire real estate of this case.

However, with respect to the instant real estate as of October 7, 201, the establishment registration of a neighboring community, which was composed of the maximum debt amount of KRW 52 million, the debtor D, the mortgagee of the right to collateral security, and the Gwangju Saemaul Community Depository, was completed. At the time of the division consultation, the actual secured debt of the said right to collateral security was the principal amount of KRW 40 million.

E. On February 5, 2015, the Defendant repaid KRW 40,066,80 of the principal and interest of the secured debt amount of the foregoing collateral security, and accordingly, revoked the registration of the said collateral security.

F. The market price of the instant real estate at the time of July 25, 2016, near the date of closing the argument in the instant case, is KRW 155,00,000,000.

G. Meanwhile, around May 30, 201, B’s passive property around May 30, 201 had been KRW 963,00,000 due to the guaranteed obligation, whereas active property was only the inheritance share in the instant real property.

2. The establishment of a fraudulent act;

(a) the establishment of a fraudulent act;

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