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(영문) 서울중앙지방법원 2016.06.29 2015나72490
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned to B a loan of KRW 10,00,000 on April 30, 2007 with a loan of KRW 9.9.9.1% on April 30, 2013, the loan of KRW 5,000,000 on April 30, 2013; and on November 30, 2009, the loan of KRW 17.2% on November 30, 2012, the loan of KRW 5,000,000 on November 30, 2012.

(hereinafter “instant loan”). (b)

B As the deceased on March 12, 2012, the deceased on March 12, 2012, the Defendant, his wife, his wife B, and son F, who is the inheritor of the deceased E, shall enter into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) by the Defendant’s sole inheritance of the real estate listed in the separate sheet (hereinafter “instant real estate”). As to the instant real estate, the Seoul Central District Court registered on April 9, 2012 and completed the registration of the transfer of ownership under the Defendant’s name as the Seoul Central District Court No. 78283.

C. From May 2012, B began to delay interest of the instant loan, and the Plaintiff filed an application for payment order with the Seoul Southern District Court 2013 teab.28588 with respect to B as the Plaintiff did not repay the instant loan, the said court on June 3, 2013, stating that “B shall pay to the Plaintiff 17,757,368 won and 15,000,000 won per annum from May 28, 2013 to the delivery date of the original copy of the instant payment order and 20% per annum from the next day to the date of complete payment (hereinafter “instant payment order”). The instant payment order was finalized on August 22, 2013.

B did not have any property at the time of the agreement on division of the inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 and Eul evidence 11 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The agreement on the division of the inherited property established by a fraudulent act shall be either wholly or partially owned by each inheritor or a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance.

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