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(영문) 대구지방법원 2017.08.10 2016나309358
사해행위취소
Text

1. The judgment of the first instance is modified as follows according to the succession of the lawsuit by this court.

The instant lawsuit is dismissed.

Reasons

1. Basic facts

A. On April 12, 2012, Nice Loan Limited Co., Ltd. filed a payment order against the Plaintiff with the Seoul Eastern District Court No. 201558, Apr. 12, 2012 (hereinafter “instant payment order”), stating that “the Plaintiff was issued an annual payment order with respect to Nice Loan Limited Liability Company and KRW 9,698,197, and KRW 2,950,356 from March 17, 2012 to the date of delivery of the instant payment order, and KRW 25% per annum from the next day to the date of full payment (hereinafter “instant payment order”). The said payment order was finalized on June 6, 2012.

B. 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”)

(2) On January 3, 2013, the deceased on January 4, 2013, the deceased C, and the deceased’s co-inheritors were seven children, including the Defendant and the Plaintiff, who were the spouse. 2) On January 3, 2013, the deceased C’s co-inheritors agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”). Accordingly, on February 4, 2013, the registration of ownership transfer on the instant real property was completed in the future of the Defendant under the Daegu District Court Branch Branch of the Daegu District Court (hereinafter “instant registration of ownership transfer”) as of February 4, 2013, which was received on February 4, 2013.

C. At the time of the instant agreement on the division of inherited property, the Plaintiff did not own any property other than the inheritance shares (2/17 shares), and was in excess of his/her obligations. The Plaintiff’s share in inheritance on the instant real estate as of May 13, 2015 (the value of the Plaintiff’s share in inheritance on the instant real estate = KRW 17,238,035 (land = KRW 50,225,000 (land: KRW 50,298,300) x 2/17).

On September 15, 2014, UNNNA limited liability company revoked the agreement on the division of inherited property between the Plaintiff and the Defendant regarding the 2/17 shares of the instant real estate as a fraudulent act, and cancels the transfer of ownership registration of this case.

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