(영문) 부산지방법원동부지원 2020.08.25 2019가단6258

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(영문) 부산지방법원동부지원 2020.08.25 2019가단6258

사해행위취소

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1. The inherited property concluded on March 20, 2019 with respect to 1/9 shares of the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against C with this court as 208Gada114652, and this court rendered on November 19, 2008 the judgment that "the defendant (C means the defendant) shall pay to the plaintiff 9,581,440 won with 17% per annum from October 25, 2003 to November 15, 2008, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

B. For the interruption of the extinctive prescription period of the above final and conclusive payment claim, the Plaintiff filed a lawsuit against C with this Court 2018Gaso351740, and this Court rendered on April 11, 2019 that “the Defendant (referring to C) shall pay to the Plaintiff 9,581,440 won and interest calculated at the rate of 15% per annum from October 25, 2003 to November 15, 2008; 20% per annum from November 16, 2008 to September 30, 2015; and 15% per annum from October 1, 2015 to September 30, 2015.” The above judgment became final and conclusive at that time.

C. Meanwhile, on March 20, 2019, the network D, among the real estate listed in the separate sheet (hereinafter “instant real estate”) with C’s license, died on March 20, 2019. On the same day, the spouse, Defendant C, E, and F, who is the inheritor, made an agreement on the division of inherited property with the effect that the Defendant solely succeeds to the said shares (hereinafter “instant division agreement”). Accordingly, the registration of transfer of shares was completed on March 20, 2019 due to inheritance by agreement division as described in paragraph (2) of the Disposition in the Defendant’s future.

C There is no particular property other than the share of 1/9 of the instant real estate, one’s own legal share in inheritance.

[Ground of recognition] Facts without dispute, Gap 3 and 4 evidence, Gap 1-1 and 2 evidence, and fact-finding with the Court Administration Office of this Court, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the agreement on division of one inherited property has commenced and co-inheritors.

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