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(영문) 대구지방법원 2019.09.26 2019가단109619
사해행위취소
Text

1. As to shares of 2/13 of each of the real estate listed in the separate sheet:

A. On October 25, 2018 between Nonparty C (D) and the Defendant.

Reasons

1. Facts of recognition;

A. On July 29, 2010, Nonparty C subscribed to Nonparty C (D) as a credit card member of Nonparty E and was issued a credit card at that end. (2) However, C began to pay the credit card payment in arrears. The Plaintiff received the credit card payment claim from Nonparty E around September 25, 2014.

3) The Plaintiff filed a payment order against C with the Seoul Northern District Court for a payment order for the above obligation under the Seoul Northern District Court No. 2014Da42672, and this payment order became final and conclusive on January 10, 2015. 4) The Plaintiff has a claim with the amount of 29.9% per annum for KRW 17,371,94, and for KRW 10,033,318 from November 25, 2014 to the date of complete payment.

B. The agreement on the division of inherited property between C and the defendant and the father of the above C were Nonparty F, and the above F died on December 25, 2003. 2) The F’s inherited property was each real estate indicated in the attached list in the attached list, and there was a 337 square meters G large 337 square meters, a single-story house, and a H large 50 square meters in Yongcheon-si.

3) F’s property successors were “I”, “J”, “C”, “C”, “K”, “B”, and “L”, and C’s inheritance shares were 2/13. 4) However, C (debtor) and the inheritors, including the Defendant, agreed on the division of inherited property as of October 25, 2018, the entire real estate indicated in the separate sheet to the Defendant, through the agreement on the division of inherited property as of October 25, 2018, the remainder of the real estate (337 square meters in Yeongdeungpo-si, G, its single-story, and H large 50 square meters in Youngcheon-si) is solely reverted to L, and the remaining inheritors, including C (debtor), decided to waive the inherited property.

5) Accordingly, on October 29, 2018, the registration of ownership transfer and registration of ownership preservation in the future of the defendant on the whole of each real estate listed in the separate sheet at the time of F death.

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