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(영문) 수원지방법원 평택지원 2018.06.08 2017가단5476
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The existence of the Plaintiff’s claim against C and its party status (1) around December 2006, the Plaintiff loaned money to D (ju) under Nonparty C’s joint and several surety, but failed to receive the repayment of the loan, and applied for a payment order against Nonparty C, etc. Around December 20, 2016, the Seoul Central District Court issued a payment order with the effect that “C shall pay to the Plaintiff KRW 56,579,736 among the amount of KRW 56,579,736 and the amount of KRW 29,961,905 each year from October 27, 2016 to the full payment order was finalized on March 4, 2017.”

(2) On December 30, 2005, an owner of the No. 1, 2, 3, 4, 5, 8, 9, 10, 11 of the real estate listed in the separate sheet among the real estate listed in the separate sheet; the Plaintiff, L, and Defendant, who were the spouse’s children, the Plaintiff, and the Defendant, the spouse of the Plaintiff, the Plaintiff, and the Defendant.

B. The deceased’s heir’s agreement on division of inherited property and the transfer of registration on real estate listed in the separate sheet (1). Since the deceased’s death, the deceased’s heir did not register inheritance on inherited property, such as real estate listed in the separate sheet owned by the deceased. On June 28, 2012, the land listed in the separate sheet was owned by the Defendant, and on June 28, 2012, the land listed in the separate sheet was owned by the Defendant, and on June 1, 2012, the land owned by 426 square meters and 1,045 square meters prior to I in Ansan-si (hereinafter “Mri land”).

(2) Following the agreement on the division of inherited property of this case following the agreement on the division of inherited property of this case, as to the title Nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 10, 11, 1,507 square meters and 1,666 square meters in the separate sheet as to the title Nos. 1, 2, 3, 4, 5, 8, 10, 10, 11, and 1,507 square meters in Ansan-si and 2693, which was received on July 4, 2012, and as to the title transfer registration of Defendant’s name due to the inheritance by the agreement division as of Dec. 30,

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