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(영문) 수원지방법원 평택지원 2018.08.09 2018가단51162
사해행위취소
Text

1. It was concluded on June 3, 2015 with respect to shares of 3/11 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against C and B with the Seoul Central District Court Decision 2005Kadan148069, and on July 28, 2005, the above court rendered a judgment that "C and B shall jointly pay to the plaintiff 90,051,339 won and 44,679,725 won as to 44,679,725 won from December 30, 200, 44,414,34 won, with 18% per annum from December 13, 200 to June 14, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on September 17, 2005.

B. The Plaintiff filed an application against C and B for a payment order for the interruption of extinctive prescription with the Suwon District Court Decision 2015 tea10412, and on August 21, 2015, the payment order was finalized on December 30, 200 for KRW 92,493,39,725 as to KRW 44,679,725 and KRW 44,679,725, jointly and severally with the Plaintiff, from December 30, 200 to June 14, 2005, with the payment order issued on September 11, 2015.

(hereinafter “instant payment order”). C.

The real estate indicated in the attached list (hereinafter “instant real estate”) was owned by the deceased D (hereinafter “the deceased”). The deceased inherited the real estate B and his/her spouse, and the Defendant, C, E, and F inherited the real estate. On July 29, 2015, the ownership transfer registration was made in the Defendant’s future on the grounds of the inheritance by the division of the inherited property (hereinafter “instant agreement”) on June 3, 2015.

The value of the instant real estate is 7,7750,000 won, and the inheritance share of the said real estate was the only property C (2/11) and B (3/11) at the time of the agreement on the division of the instant real estate.

E. As to the instant real estate, (1) the registration of creation of a mortgage-mortgage-based bank, the debtor, the deceased, and the maximum debt amount, KRW 2,150,01,000,000, was completed as of September 18, 2015, as of September 14, 2010.

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