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(영문) 서울중앙지방법원 2015.11.25 2014가단5310717
사해행위취소
Text

1. The agreement on division of inherited property concluded on March 12, 2012 between the defendant and B (C) shall be revoked.

2. The defendant shall be Seoul.

Reasons

1. Basic facts

A. The Plaintiff loaned to B a loan of KRW 10,00,000 on April 30, 2007 with a loan of KRW 9.9.9.1% on April 30, 2013, the loan of KRW 5,000,000 on April 30, 2013; and on November 30, 2009, the loan of KRW 17.2% on November 30, 2012, the loan of KRW 5,000,000 on November 30, 2012.

(hereinafter “instant loan”). (b)

B, as the Plaintiff did not repay the instant loan, the Plaintiff filed an application for the payment order with Seoul Southern District Court 2013 tea28588 with respect to B, and on June 3, 2013, the said court issued an order to pay to the Plaintiff KRW 17,757,368, and KRW 15,00,000 per annum from May 28, 2013 to the date of delivery of the original copy of the instant payment order, and KRW 19% per annum from the next day to the date of full payment, and KRW 20% per annum from the next day to the date of full payment, which became final and conclusive on August 22, 2013.

C. B, as of October 17, 2014, as of October 17, 2014, bears the Plaintiff’s total of KRW 21,382,683 (total of KRW 15,00,000,000) as of October 17, 2014.

On the other hand, as the network E (the “instant real estate”) owned the real estate listed in the separate sheet (hereinafter “instant real estate”) died on March 12, 2012, the Defendant, food-based B, and F inherited the instant real estate according to the respective inheritance shares. The Defendant, B, and F, by means of an agreement on the division of inherited property on the same day, shall be divided into the instant real estate as the sole ownership of the Defendant, and the registration of ownership transfer was completed in the Defendant’s future as Seoul Central District Court’s registration No. 78283, Apr. 9, 2012.

At the time of consultation on division of inherited property B, there was no particular property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Determination

A. The agreement on the division of the inherited property established by a fraudulent act shall commence and all or part of the inherited property, which was provisionally owned by co-inheritors, as a result of commencement of inheritance.

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