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(영문) 서울중앙지방법원 2018.12.19 2016가단5172155
사해행위취소
Text

1.(a)

C With respect to 2/9 shares among the real estate listed in attached Tables 1, 2, 3, 5, and 6 of attached Schedules between C and D, respectively,

Reasons

1. Basic facts

A. On October 7, 2011, the Plaintiff is a creditor who received a judgment amounting to KRW 198,267,600 (excluding delay damages) from the Korea Deposit Insurance Corporation in bankruptcy of the bankrupt and the Credit Credit Cooperatives ( Daegu District Court 2003Gahap363) from the trustee in bankruptcy of the bankrupt and the credit cooperative, and the Defendants are co-operation and co-operation in each of C.

B. Upon the death of Eul's division of the inherited property as to each real estate of this case, C (the inheritance shares 2/9) is erroneous, and C (the inheritance shares 2/9) is each of the real estate listed in the separate sheet, i.e., the defendant B, the male and female, and each of the real estate listed in the separate sheet, i.e., the inherited property (the "real estate 1 through 8" in sequence), and in general, the "

A) AD made an agreement on the division of inherited property with the sole ownership of D, and D accordingly, on March 8, 2013, with respect to each of the instant real property, the agreement on division on February 15, 2013 (hereinafter “instant agreement on division of inherited property”).

2) At the time of completion of the registration of ownership transfer by inheritance, C had already been in excess of its obligation.

C. 1) On December 7, 2010, the registration of creation of a mortgage was completed with respect to each of the instant real estate on the following grounds: (a) the registration of creation of a mortgage was completed around the nearest maximum debt amount of KRW 100,00,00 on December 7, 201; (b) the part on the instant real estate out of the registration of creation of a mortgage on August 9, 201, prior to the agreement on the division of the instant inherited property, was revoked on the ground of partial abandonment of the date as of August 9, 201; and (c) the part on the instant real estate regarding KRW 1,23,5,6,7,7, and 8, prior to the agreement on the division of the instant inherited property, on March 26, 2013, on the instant real estate 4 as of the termination of the registration of creation of a mortgage on July 31, 206, the amount of the mortgage secured on KRW 400,00,00.

3 With respect to 7 and 8 real estate, the mortgagee of the right to collateral security on September 13, 2006.

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