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(영문) 청주지방법원 2019.08.29 2018가단37475
사해행위취소
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet Nos. 1 through 5

A. It was concluded on September 16, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. B, around April 7, 2010, is operating a manufacturing business of semiconductor equipment, such as semiconductor, under the trade name C.

On December 31, 2012, value-added tax and global income tax were unpaid as of December 31, 2012, and around December 2018, national taxes in arrears amount to KRW 129,02,760.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D (Death on August 19, 2014). The legal share of the Defendant’s statutory inheritance by the Defendant, children B, E, and F as co-inheritors is 3/9, and the statutory share of inheritance by B is 2/9.

C. On August 19, 2014, co-inheritors held an agreement on the division of inherited property with the content that the Defendant independently succeeds to the instant real estate (hereinafter “instant agreement on the division of inherited property”), and around September 22, 2014, the registration of transfer of ownership due to the inheritance due to the division in consultation with the Defendant was completed.

(hereinafter “instant transfer registration”). D.

around August 2015, the market price of the real estate in the separate sheet Nos. 1 through 5 in total is 331,124,200 won, and the total value of the real estate in this case is 359,473,700 won in total, and the total amount of secured debt for the real estate in the separate sheet Nos. 1 through 5 in the separate sheet is 73,283,040 won in total.

E. B was in excess of the obligation at the time of the agreement on the division of the instant inherited property, and the net inherited property, among each of the instant real property, at which the amount of the secured obligation was deducted from the total value of the instant real property of KRW 63,597,924, was calculated as KRW 286,190,660 (=359,473,70-73,283,040), and when applying the inheritance shares in B, it was calculated as KRW 63,597,924 (=286,190,60 x 2/99). There was no other property except this.

F. As to the real estate set forth in the separate sheet Nos. 1 through 5, each of the collateral security rights of the debtor D and the mortgagee G Association was cancelled after the agreement on division of the instant inherited property

(Attachment List Nos. 1, 2, and 5 shall be the real estate on June 12, 2015, and the real estate Nos. 3 and 4 of the Attached List No. 3 and No. 4 shall be the real estate on March 16, 2018). Around that time, the real estate indicated in the Attached List No. 1, 2, and 5 shall

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