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(영문) 부산지방법원 2014.12.30 2014가단224444
사해행위취소
Text

1. It was concluded on June 7, 2012 with respect to 2/9 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff has a claim for damages for delay with the rate of 20% per annum from February 17, 2009 to the date of full payment (Supplementary District Court 2009Da35460) with respect to KRW 8,05,722 and its 3,248,870 among them.

B. At the time of the death of C, his mother, the heir, who was the spouse, D, E, B, and Defendant.

Around June 7, 2012, C’s inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) to be owned solely by the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

The defendant completed the registration of ownership transfer on July 15, 2013 due to the foregoing agreement on division of inherited property.

C. At the time of the consultation on the division of the inherited property of this case, the registration of the establishment of the creation of the neighboring community service, which is the debtor C, the mortgagee C, the mortgagee C, the mortgagee C, and the mortgagee C, the mortgagee C, the amba-dong Saemaeul Fund, was completed (hereinafter “registration of the establishment

On January 13, 2014, the decision of voluntary commencement of auction (F of the Busan District Court) was rendered on the basis of the registration of the establishment of the instant neighboring mortgage. The instant real estate was sold to G on October 6, 2014, and the registration of the establishment of the instant neighboring mortgage was revoked.

In the above auction procedure, the sale price of the real estate of this case is KRW 76,133,00. The claim amount of the right to collateral security of this case is KRW 33,493,00.

At the time of the consultation on the division of inherited property of this case, B did not have any property other than inherited property from C.

[Reasons for Recognition] Judgment by Publication (Article 208 (3) 3 of the Civil Procedure Act)

2. Unless there are special circumstances, it is presumed that the Plaintiff and creditors, including the Plaintiff, agree on the division of inherited property to waive 2/9 of his/her own inheritance shares among the instant real estate, which is one of his/her sole property in excess of debt B, would constitute a fraudulent act against the obligees, and the Defendant’s malicious

With respect to the instant real estate, this case.

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