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(영문) 대전지방법원논산지원 2016.10.06 2015가단4477
사해행위취소 등
Text

1.(a)

Defendant B and D on August 22, 2014 with respect to 2/19 shares of each real estate listed in attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against D was issued a compensation order on June 14, 2012 to the effect that “D shall pay 26,000,000 won to the Plaintiff as damages compensation,” which was prosecuted against D due to embezzlement, etc., and the above judgment became final and conclusive as it is.

(B) The Plaintiff’s above claim against D (hereinafter “judgment deposit claim”).

On June 27, 2006, D’s father E (hereinafter “the deceased”) conducted an agreement on the division of inherited property (hereinafter “agreement on the division of inherited property of this case”) with respect to each real estate listed in attached Tables 1 and 2, which was owned by the deceased on August 22, 2014, as co-inheritors of the deceased, as follows, as to the Defendant C, F, G, Defendant B, H, I, D, J, and K, the spouse of the deceased.

(D) Inheritance shares are 2/19). (1) Each real estate listed in the separate sheet No. 1: Defendant B shall be solely inherited.

(2) Each real estate listed in the separate sheet No. 2: Defendant C shall be solely inherited.

Accordingly, on August 26, 2014, the registration of ownership transfer on each of the above real estate was completed in the future between Defendant B and Defendant C, respectively.

C. At the time of the consultation on the division of inherited property, D’s property status D was at the time of the consultation on division of inherited property of this case, there was no inheritance share on each of the above real property as positive property, and as a small property as a negative property, the Plaintiff was liable for the total amount of 5,672,320 won, including the amount of delinquent taxes, etc. seized by the Military Service, which was close to the date of the consultation on division of inherited property of this case on June 25, 2014.

Of attached Form 1 2 real estate, such as cancellation of mortgage and disposal of Defendant C’s inherited property;

3. As to the immovables indicated in paragraphs (1) and (4) of this case, prior to the consultation on the division of the inherited property of this case, the maximum debt amount of 21,00,000 won was already set up by the debtor, the deceased, and the foreign agricultural cooperative, which had the right to collateral security.

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