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(영문) 광주지방법원 해남지원 2018.04.17 2017가단2998
사해행위취소 등
Text

1. It was concluded on April 24, 2015 with respect to 2/17 shares of each real estate listed in the separate sheet between B and the Defendant.

Reasons

1. Facts of recognition;

A. On October 15, 2009, the Seoul Central District Court 2009 Ghana218966 filed a lawsuit against B on the claim for the amount of money transferred to Dongyang Social Co., Ltd. (hereinafter “B”) on October 15, 2009, sentenced that “B shall pay 5,508,183 won, and 5,267,205 won, which shall be calculated at the rate of 20% per annum from October 9, 2009 to the day of full payment.” The above judgment became final and conclusive around that time. (2) The Plaintiff acquired the above claim against B from the social group of Dongyangyang Korea, and received succession of the execution clause from the Seoul Central District Court on July 16, 201.

B. B Property disposal 1) C is each real estate listed in the separate sheet on February 10, 2015 (hereinafter “each of the instant real estate”).

(2) The Defendant is the spouse of C, and D, E, F, B, G, H, and I are children between C and the Defendant.

3) On April 24, 2015, B entered into an agreement on the division of inherited property between the Defendant and other co-inheritors including the Defendant on April 24, 2015 (only the part which was entered into between B and the Defendant on the division of inherited property between B and the Defendant on the sole inheritance of each of the instant real estate).

(4) The Defendant completed the registration of ownership transfer as the receipt No. 5100 on May 8, 2015 with respect to each real estate listed in the separate sheet following the agreement on division of inherited property.

(Provided, however, at the time of the agreement on the division of inherited property of this case, B did not have any particular property except for the inheritance shares in respect of each of the instant real estate at the time of the agreement on the division of inherited property of this case. Upon the agreement on the division of inherited property of this case, B transferred to the Defendant, following the agreement on the division of inherited property of this case, B was in excess of its obligation. [Grounds for recognition] The evidence of subparagraphs A through 4 (including number number), and the Dong-gu Seoul Metropolitan City Office of this Court.

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