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(영문) 대구지방법원 2017.08.08 2016가단26423
사해행위취소등
Text

1. As of November 26, 2012 with respect to 2/17 shares in the separate list of real estate between the defendant and B.

Reasons

1. Basic facts

A. Plaintiff B’s claim 1) filed a lawsuit against Plaintiff B with the Daegu District Court 2006Gabu278106, and was sentenced to winning the following contents. Plaintiff 3,570,642 won and the amount of 17% per annum from October 25, 2003 to September 19, 2006, and 20% per annum from the next day to the date of full payment. 2) The Plaintiff filed an application with the Changwon District Court for a payment order for the interruption of the extinctive prescription of the foregoing judgment claim.

The above payment order was served on B on October 13, 2016, and was finalized on October 27, 2016.

(hereinafter “this case’s transferee claim”). (b)

B 1) Each real estate listed in the separate sheet of real estate (hereinafter referred to as “instant real estate”)

(C) On November 26, 2012, upon the death of C, the agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) is owned by C.

The registration of ownership transfer was completed on January 15, 2013 by the Daegu District Court registry No. 996 of the receipt on January 15, 2013. (2) The heir of C is the Plaintiff, D, E, F, G, H, and I, the spouse of C.

(B) Legal portion of inheritance is 2/17). 【Ground of Recognition】 The fact that there is no dispute, each entry in Gap evidence 1 through 28 (including each number), the purport of the whole pleadings.

2. Determination on the exclusion period Do and argument

A. On the ground that the Plaintiff’s assertion that the agreement on the division of inherited property of this case was detrimental to the Plaintiff, the obligee who was the assignee of this case, the Defendant asserts that the lawsuit of this case was filed one year after the date on which the Plaintiff became aware of the cause of revocation, and that the exclusion period has expired.

B. The instant lawsuit was filed on August 26, 2012 as of November 26, 2012, or on January 15, 2013, when one year or more from January 15, 2013, which was the date of the registration of ownership transfer in the Defendant’s name regarding the instant real estate, as to the exclusion period and whether or not.

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