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(영문) 광주지방법원해남지원 2020.06.23 2019가단202402
사해행위취소
Text

1. The inherited property concluded on March 27, 2019 with respect to 2/11 shares of each real estate listed in the separate sheet between the defendant and C.

Reasons

1. Basic facts

A. On June 16, 2016, the Plaintiff filed a lawsuit against C for the claim for the amount of money taken over with the Seoul Southern District Court. On November 22, 2006, the said court rendered a judgment that “C shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from June 16, 2016 to the date of full payment (2016da64136) with respect to KRW 15,625,804 and KRW 7,229,147 as to KRW 15,625,80 and its amount,” and the said judgment became final and conclusive on December 10, 2016.

B. The deceased D (hereinafter “the deceased”) died on January 17, 2019, and the deceased’s heirs were the Defendant (the deceased’s spouse 3/11), the deceased’s spouse (the deceased’s shares in inheritance), E, F, C, and G (the deceased’s shares in inheritance 2/11).

On March 27, 2019, the above inheritors, including Defendant and C, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the sole ownership of the Defendant’s sole ownership.

Accordingly, on January 17, 2019, the registration of ownership transfer was completed in the defendant's future by the Jindo District Court No. 3411 on May 2, 2019, based on the inheritance due to the agreement division as of January 17, 2019.

C. At least KRW 19,493,493, etc. are owed to the Plaintiff as indicated below in the circumstance that C had a claim against H bank of KRW 4,568 upon the instant split-off consultation.

The creditor non-creditor 1, approximately 19,493,493, Gap evidence 1, 193, Eul evidence 2, 19,100,00 (the maximum amount of claims) 6, and there is no dispute about Gap's 1 to 6, the fact inquiry reply to the Court Administration, as a result of this court's submission of an order to submit financial transaction information to the J bank, K Bank, K Bank, Industrial Bank, L Bank, M Bank, H Bank, N Bank, and OB, as a result of this court's response to the request for delivery of documents to Jindo District Court's registry, the entire purport of the pleadings is as a whole.

2. Determination as to the claim for revocation of fraudulent act.

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