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(영문) 청주지방법원충주지원 2014.11.28 2014가단3507
사해행위취소 등
Text

1. As to shares 2/13 of each real estate listed in the separate sheet:

A. It was concluded on January 24, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against B against the Cheongju District Court 2008Gaso64540, and the above court rendered a judgment on November 21, 2008 that “B shall pay to the Plaintiff the amount calculated at the rate of 29.9% per annum from April 9, 2008 to the date of full payment” with respect to KRW 6,949,182 and KRW 3,453,99, whichever is less, and the above judgment became final and conclusive on December 16, 2008.

B. On December 12, 2004, C, a co-inheritors, died on December 12, 2004, and owned the real estate listed in the separate sheet (hereinafter “instant real estate”). However, on January 24, 2014, C’s wife D and its children, who are co-inheritors C, agreed to own all the shares of the instant real estate in the instant case, and the remaining co-inheritors would not inherit (hereinafter “instant agreement on division of inherited property”). The Defendant completed the registration of ownership transfer as described in Section 1(b) of the Disposition 1, which was based on the agreement on division of inherited property regarding all shares of the instant real estate (However, the date of conclusion of the real estate registration injury is stated as December 12, 2004, the date of death of C).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The agreement on division of the judged inherited property is to confirm the reversion of the inherited property by either wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship with respect to the inherited property, which has been provisionally owned by co-inheritors upon the commencement of inheritance, and therefore, it is a juristic act aiming at property rights by its nature, and thus, it may be subject to

(See Supreme Court Decision 200Da51797, Feb. 9, 2001). According to the above facts, B recognizes the fact that it succeeded to the 2/13 share of the real estate of this case, and B owns approximately 4 square meters of H 1 commercial buildings of this case, as well as the real estate of this case.

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