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(영문) 서울중앙지방법원 2015.10.07 2014가단190109
사해행위취소
Text

1. On October 1, 2010, the Defendant and B concluded on October 1, 201 with respect to shares of 2/11 of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into the Plaintiff’s indemnity insurance contract with B, and B, on March 22, 2010, filed a lawsuit against B claiming compensation for damages by asserting that B conspired with other persons for a traffic accident and acquired the insurance proceeds by fraud. (2) The court rendered a judgment on October 15, 2010 that “B shall pay to the Plaintiff 13,173,550 won per annum from July 1, 2005 to May 27, 2010, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive as is.

(Seoul Central District Court 2010dan103497).(b)

1) Real estate listed in the separate sheet (hereinafter referred to as “instant real estate”)

C’s ownership. C’s death on October 1, 2010, upon C’s death, the heir D, E, F, B, and the Defendant jointly succeeded to it (D’s inheritance shares are 3/11, and the remaining inheritors’ inheritance shares are 2/11, respectively.

(2) On October 2010, the above co-inheritors entered into an agreement on division of inherited property with the Defendant’s sole ownership of the instant real estate, an inherited property (hereinafter “instant agreement on division”). Accordingly, on October 22, 2010, the registration of ownership transfer on the instant real estate was completed on October 1, 2010 by agreement and division.

3) On November 16, 2007, the registration of creation of the right to collateral security was completed under the name of the National Bank Co., Ltd. (the actual amount of debt was KRW 63 million) with respect to the instant real estate on November 16, 2007. On November 19, 2012, the Defendant repaid the debt 63 million with the aforementioned right to collateral security and cancelled the registration of creation of the said right to collateral security. (C) Property B did not have any particular positive property if the inheritance shares with respect to the instant real estate were excluded from the inheritance shares at the time of the instant division consultation. [The fact that there was no dispute over the grounds for recognition, evidence Nos. 1 and 2, evidence No. 4, and evidence No. 3, and response to each order to submit tax information.

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