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(영문) 제주지방법원 2015.08.21 2014가단44375
사해행위취소
Text

1. It was concluded on March 26, 2014 with respect to 2/9 shares of each real estate listed in the separate sheet between the defendant and C.

Reasons

1. Basic facts

A. The Plaintiff’s credit against C lent KRW 112,653,880 to C from May 2005 to June 2008.

On June 19, 2013, the Plaintiff filed a lawsuit against C with the Incheon District Court 2012Gahap11804, and was sentenced by the Incheon District Court to “C shall pay to the Plaintiff 12,653,880 won and 75 million won among them, the amount calculated at each rate of KRW 700,000 per annum from January 1, 2011 to June 19, 2013, and 20% per annum from the following day to the date of full payment.”

The above judgment became final and conclusive on July 9, 2013.

B. C’s inheritance of property and division of inherited property 1) The deceased D, the father of C (hereinafter “the deceased”).

A) On September 29, 2013, the deceased died on September 29, 2013 while possessing each of the real property listed in the separate sheet. At the time, the deceased’s wife succeeded to the deceased at the ratio of 3/9, E, F, and C, respectively, 2/9. 2) The defendant, E, F, and C, as their children, shall determine the deceased on March 26, 2014 [as there was a legal act corresponding to a fraudulent act at a certain point, it shall be determined with careful consideration of the significant impact on the interests between the parties. The date of the application for registration as to when a legal act corresponding to a fraudulent act was actually committed, shall be determined on the basis of the date of the application for registration, barring any special circumstances, as to whether such fraudulent act was actually committed, centering on the date on which the grounds of registration appears based on the disposal document, and on the date of division of inherited property, the separate list No. 2002Da41589, Nov. 8, 2002.

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