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(영문) 전주지방법원군산지원 2017.06.13 2016가단57111
사해행위취소
Text

1. As to shares 2/11 of the real estate listed in the Schedule,

A. On April 7, 2016, between B and the Defendant.

Reasons

Facts of recognition

The following facts may be acknowledged by taking into account the respective descriptions of Gap evidence Nos. 3 through 9 (including a branch number if there is no dispute between the parties or if there is a serial number) and the overall purport of the pleadings:

On January 28, 2016, the Plaintiff filed a lawsuit against B against the Seoul Northern District Court (2015dada480567), and received a favorable judgment from the above court that “B shall pay to the Plaintiff the amount calculated at the rate of 38.9% per annum from June 16, 2015 to the date of complete payment” with respect to KRW 10,185,579 and KRW 5,407,624 as to KRW 10,40,57,624, and the said judgment became final and conclusive around that time.

B Following the death of March 27, 2016, each real estate listed in the list of the [Attachment List owned by the network C (hereinafter “instant real estate”) was inherited by D, the spouse of which was 3/11 shares, B, E, Defendant, and F, in proportion to 2/11 shares, respectively.

On April 7, 2016, the inheritors of the Defendant and B, including the Defendant and B, agreed on the division of inherited property that the Defendant would inherit the instant real estate (hereinafter “instant division agreement”) and the Defendant completed the registration of ownership transfer on April 14, 2016 with respect to the instant real estate by agreement and division.

At the time of the agreement on the division of inherited property B, while B did not have any property other than the inheritance shares of the instant real estate, B was also obligated to pay 100,000,000 won to a single bank, and 50,000,000 won to a former bank.

The agreement on division of the judgment on the cause of a claim is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a sole ownership by each inheritor or performing it as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right to revoke a fraudulent act, in view of its nature.

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