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(영문) 부산지방법원 2019.06.25 2019가단301254
사해행위취소
Text

1. An agreement on inherited property concluded on December 18, 2018 between the Defendant and C regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for indemnity against C was filed with the Seoul Central District Court order for payment of indemnity amount of KRW 6,84,861, and KRW 5,500,00 from August 23, 1999 to January 14, 200, and KRW 25% per annum from the next day to the day of full payment, with the content that “C shall pay the Plaintiff 6,844,861 and its amount of KRW 5,500 from the above court’s order for payment of indemnity amount of KRW 25% per annum from the next day of August 28, 2012 to the day of full payment, and KRW 25% per annum from the next day of Seoul Central District Court order for payment of indemnity amount of KRW 2012 to 178500 to the day of full payment, and KRW 2084,509 to the day of full payment, KRW 200 to 250,94,950 and KRW 209.10.5.1.2.20.2.2.2.2.20”

B. As the obligor C and the Defendant’s mother F (hereinafter “the deceased”) died on September 29, 2018, the deceased’s spouse, and the Defendant and C, as the deceased’s heir, jointly inherited the deceased as the deceased’s heir.

(C) The statutory inheritance portion of C was 2/7). The real estate listed in the separate sheet (hereinafter “instant real estate”) was located as active property at the time of the death of the Deceased. However, the Defendant completed the registration of ownership transfer on the instant real estate by inheritance due to the division on September 29, 2018 (the actual agreement appears to have existed immediately before December 19, 2018, which was the registration date; hereinafter “instant division agreement”).

C. At the time of the division consultation of this case against the debtor C's insolvent, C is highly likely to bear each of the claims for reimbursement of this case against the plaintiff.

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