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(영문) 서울중앙지방법원 2017.04.11 2016가단5202643
사해행위취소
Text

1. It was concluded on January 13, 201 with respect to shares of 2/11 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On March 27, 2014, the Plaintiff’s claim against B was ordered to pay the Plaintiff KRW 3,605,750 and KRW 3,536,00 among them, 15% per annum from March 25, 2014 to April 16, 2014, and 20% per annum from the next day to the date of full payment (Seoul Central District Court Decision 2014Da80154), and the above payment order was finalized on May 1, 2014.

(hereinafter “instant payment order”). B.

On January 13, 2016, C, the Defendant’s wife, E, B, F, and Defendant, the wife of the Deceased, as the inheritor, died on January 13, 2016.

on January 13, 2016, the above inheritors agreed on the division of inherited property by the Defendant’s sole inheritance with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by the deceased (hereinafter “instant agreement on division of inherited property”), and on April 8, 2016, the registration of ownership transfer was completed to the Defendant on the ground of inheritance due to the said agreement division as stipulated in Article 18951, which was received by the Suwon District Court’s Ansan Branch Branch Office, and the registration office for the division of inherited property.

(hereinafter “instant transfer registration”). C.

At the time of the consultation on the creation of a new mortgage and the division of the inherited property of this case, the establishment of a new mortgage (hereinafter “mortgage”) was completed with respect to the instant real property at the time of the consultation on the creation of a new mortgage (hereinafter “mortgage”), which was based on the Korea Standards Bank, the maximum debt amount of 36 million won, and the secured debt at the time was KRW 19,69,367.

On May 2, 2016, the Defendant completed the registration procedure for cancellation on April 29, 2016 with respect to the registration of establishment of a neighboring ownership on May 2, 2016.

B at the time of the agreement on the division of the inherited property in this case, B against the Plaintiff.

While there was a debt described in the subsection, active property has not been owned.

recognized.

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