logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.05.14 2017가단230108
사해행위취소
Text

1. Agreement on the division of inherited property concluded on February 17, 2017 between the Defendant and C regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) C is the mother of D (former name: E) and jointly and severally guaranteed the Plaintiff’s obligation to pay for goods, such as franchis, to D. 2) The Plaintiff filed an application for a payment order with D and C on February 17, 2012, and received a payment order (U.S. District Court Decision 2012j406), and the said payment order was finalized on March 27, 2012.

B. On February 17, 2017, F, who is the husband of C and D, died on February 17, 2017. The heir of D, who is the wife, and three children, including C and D, who are his/her husband, completed the agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) on February 17, 2017, on the ground that the Defendant inherited all the instant real estate, which is the deceased F’s inherited property, on February 17, 2017, and completed the registration of ownership transfer under the name of the Defendant on March 13, 2017, on the ground that the inheritance by agreement division as of February 17, 2017, was based on the inheritance by agreement division as of March 13, 2017.

C. After the consultation on the division of the instant inherited property, a large number of collateral security rights (a) was established on the instant real estate prior to the consultation on the division of the instant inherited property, but all cancellation was made on March 30, 2017 after the consultation on the division of the instant inherited property. (b) The value of the instant real estate was KRW 300 million. The sum of the principal and interest on the instant real estate based on the instant multiple collateral security rights is KRW 129,710,702 as of February 17, 2017.

C’s property status as of February 17, 2017, the date of the agreement on division of the inherited property of this case, is only 1/3 shares in the inheritance shares of C among the instant real property.

[Ground of recognition] The facts without dispute, Gap evidence 1 to Gap evidence 13, each order for submission of each financial transaction information to G Co., Ltd. by this court, and the Court Administration of this Court.

arrow