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(영문) 대구지방법원김천지원 2014.08.22 2013가합693
사해행위취소 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5 (including each number, if any; hereinafter the same shall apply), Eul evidence 1 to 4, 5, 7, 9, 10, 14, 15, 16, 17, and 18, and the whole purport of the pleadings.

The Plaintiff lent a total of KRW 500 million to C from September 2007 to April 2009, and C filed a lawsuit claiming KRW 500 million and damages for delay against C who did not repay the said loan, and received a favorable judgment.

(Seoul Central District Court 201Gahap119120).(b)

The defendant is the wife of D who died on October 17, 2006 (hereinafter referred to as "the deceased"), and C is the deceased's children, and there is the defendant, C, E, and F as the inheritor of the deceased.

As the deceased’s inherited property, there were four buildings, 76.06 square meters, and 76.06 square meters in a single-story store of reinforced concrete structure on the land in Kimcheon-si, Kimcheon-si, G 960 square meters, and there were 11,450 square meters in a single-story store, H 266 square meters, I large 198 square meters, and J forest in Kimcheon-si.

Some of the above G land was divided into K large 461 square meters and L large 35 square meters on April 6, 2011, and M large 28 square meters on December 26, 201, and each of the buildings under G and G 2 was divided into G and G 28 square meters on May 30, 201, and the parcel number was changed to the K-based building in Kimcheon-si.

(hereinafter referred to as “instant inherited property”) each real estate after subdivision in the annexed list No. 2.

On November 3, 2009, the deceased’s inheritors drafted a written agreement on the division of inherited property with the content that all the property of the deceased, including the inherited property of this case, shall belong to the defendant, and on December 1, 2009, on December 1, 2009, the Daegu District Court Decision No. 28341, Dec. 1, 2009, received the registration of ownership transfer under the name of the defendant.

On April 11, 2011, the Defendant sold to N andO each real estate listed in [Attachment II] Nos. 4, 5, and 7 to KRW 900 million. On May 31, 2011, the Defendant completed the registration of ownership transfer for each/2 shares, and the buildings listed in [Attachment II] No. 7 were destroyed on June 13, 201.

Attached Table 2.2.

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