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(영문) 대구지방법원 2021.03.05 2020가단135782
사해행위취소
Text

1. A. On March 31, 2020, the Defendant and Nonparty C concluded on March 31, 202 with respect to the share of 2/7 of the real estate listed in the separate sheet.

Reasons

1. The plaintiff's assertion

A. Nonparty D requested to Nonparty C to pay the amount of delayed damages and the amount of KRW 47,300 per annum from July 28, 2017 to the date of full payment with respect to loans of KRW 6,69,848 and KRW 6,266,533 among the loans of KRW 1358,00,000, which were loans of KRW 6,69,848, and KRW 6,5333,000, which were loans of KRW 1358,000, and the payment order became final and conclusive.

B. The Plaintiff purchased and collected non-performing loans from Non-Party D Co., Ltd., and acquired the above loan claims from Non-Party D to Non-Party D.

(c)

The defendant is the mother of the above C and the owner of the real estate listed in the attached list.

(d)

1) Non-party E, the father of Non-party E’s death and division of inherited property consultation, died, and the Defendant, the wife of the deceased, succeeded to the deceased’s property at the rate of 3/7 shares, and the above C and Non-party F, the deceased’s children, at the rate of 2/7 shares.

2) The insolvent C of the above C does not have any property other than 2/7 shares of the real estate indicated in the separate sheet inherited by the deceased.

3) The transfer of ownership under the name of the Defendant by division of property consultation on the part of the deceased was made with respect to 2/7 shares of the real estate listed in the separate sheet inherited by the deceased, and the ownership of the real estate listed in the separate sheet was entirely transferred under the name of the Defendant.

4) The defendant who received 2/7 of the real estate listed in the separate sheet in accordance with the agreement on the division of inherited property from the above C as the beneficiary of bad faith is presumed to be the beneficiary of bad faith.

Therefore, the Plaintiff’s agreement between the Defendant and Nonparty C on the division of inherited property concluded on March 31, 2020 with respect to 2/7 shares of the real estate listed in the separate sheet is revoked, and the Defendant completed the agreement with the said C on June 9, 2020 with respect to 2/7 shares of the real estate listed in the separate sheet as the Daegu District Court registry No. 91363 on June 9, 2020.

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