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(영문) 울산지방법원 2017.08.23 2016가단21062
사해행위취소 등
Text

1. The inherited property concluded on October 11, 2012 between the Defendant and C with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On September 1, 2004, the Plaintiff of the Plaintiff’s claim against C lent the amount of KRW 12 million to C at the interest rate of KRW 2,00,000 per month and on December 12, 2004.

A. C did not pay the above money, the Plaintiff filed a lawsuit against C with this Court No. 2013 Ghana36319 against the Plaintiff.

On September 10, 2013, this Court rendered a decision on performance recommendation with the purport that “C shall pay to the Plaintiff 12,000,000 won and 20% interest per annum from September 2, 2004 to the date of full payment,” and the said decision was finalized on November 19, 2013.

As of May 31, 2017, the sum of the principal and interest of the Plaintiff’s loan to C according to the above payment order is KRW 42,58,493.

B. On October 11, 2012, D, the father of C, such as C and C’s agreement on division of inherited property, died on October 11, 2012, and C, E, F, and G (the shares of inheritance 2/11) jointly succeeded to D’s property (the shares of inheritance 3/11) and children of D’s spouse.

D’s inheritors made an agreement on the division of inherited property (hereinafter “instant division agreement”) under which they would vest the Defendant with each real estate listed in the separate sheet, which is D’s inherited property (hereinafter “instant real estate”).

Under the instant partition agreement, the Defendant completed the registration of ownership transfer on February 14, 2013 with respect to the instant real estate due to inheritance by agreement and division as of October 11, 2012.

On February 26, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage of the debtor H and the maximum debt amount of KRW 13.4 million with respect to the real estate in this case to the Ulsan Pungpy Credit Cooperative.

C. At the time of the instant partition agreement, C had no other assets except the inheritance share of the instant real estate.

[Reasons for Recognition] The non-contentious facts, Gap 1, 2, and 3 (including virtual numbers), the court's Ulsan Metropolitan City Mayor, and the head of Ulsan District Tax Office's fact-finding results, the purport of the whole pleadings

2. Determination as to the cause of action

A. The establishment of fraudulent act and the division of the beneficiary's malicious inherited property shall succeed.

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