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(영문) 광주지방법원순천지원 2019.06.26 2019가단1262
사해행위취소
Text

1. As to shares 14/77 of each real estate listed in the separate sheet:

A. It was concluded on April 25, 2017 between the Defendant and D.

Reasons

1. Basic facts

A. On November 17, 2011, the Plaintiff borrowed KRW 10 million to D, and around January 12, 2018, the Plaintiff received a payment order (Seoul District Court Decision 2018Gujj199), stating that “The Plaintiff shall pay 15% interest per annum for KRW 10,227,975 and double KRW 9,99,161 from January 11, 201 to the date of full payment” (the amount of KRW 15% interest per annum from January 11, 2018 to the date of full payment) from D, and the said payment order was finalized around that time.

B. E (Death on April 25, 2017) had F, G, H, and D with the Defendant, the wife, and F (Death on March 26, 1998) had J and K between I and I.

C. As to each real estate listed in the separate sheet owned by E (hereinafter “instant real estate”), “the instant division agreement” is deemed to be “the instant division agreement by an inheritance due to a consultation and division held on April 25, 2017.”

(D) At the time of the division consultation in this case, D had no property other than the 14/77 equity shares in the real estate of this case (28,211,200 square meters (232 square meters) x 14/77 of the attached Table 1 real estate 28,211,200 square meters x 232 square meters) x 14/77] 7,236,363 [Attachment Table 2 real estate 39,80,000 (individual housing price) x 14/77] ; on the other hand, D had no property other than the Plaintiff 4,65,00 won, L association 5,000,000, M card 202,002,000,000 won, 201,014 or 14/770.

2. Determination

A. The agreement on the division of the inherited property, which is the establishment of a fraudulent act, is to confirm the ownership of the inherited property by either the sole ownership of all or part of the inherited property by each inheritor, or by performing it as a new co-ownership relationship, with respect to the inherited property, which has been provisionally owned by co-inheritors upon commencement of inheritance, and thus, can be subject to the exercise of the right to revoke the fraudulent act

On the other hand, the debtor himself.

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