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(영문) 광주지방법원목포지원 2016.11.30 2016가단2657
사해행위취소
Text

1. The inherited property entered into on January 19, 2012 with respect to one fifth share of the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant's Dong-dong District Court 2006da77129 against the defendant's Dong-dong District Court 2006da7129, and on June 5, 2007, the Seoul Dong-dong District Court sentenced the defendant (C) to the plaintiff (the plaintiff of this case) to pay 50 million won and 20% interest per annum from May 5, 2007 to the day of full payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

B. On February 22, 2008, the Defendant and C’s mother network D (hereinafter “D”) purchased real estate listed in the separate sheet (hereinafter “instant apartment”) and completed the registration of ownership transfer in its name with respect to the instant apartment on March 14, 2008.

After that, D died on January 19, 2012, and five children including the defendant and C have five children.

C. On January 19, 2012, the Defendant entered into a contract for the division of inherited property (hereinafter “instant division contract”) under which C’s inherited shares (one fifth shares, hereinafter “instant shares”) are acquired from C among the instant apartment buildings, and completed the registration of ownership transfer in its name as to the instant shares under the name of Gwangju District Court’s Mau Branch registry office under Article 943 on January 30, 2012.

At the time of entering into the instant division contract, the market price of the apartment of this case appears to be KRW 88,00,000, and C was active property at the time of entering into the instant division contract, while C owned the shares and E with positive property at the time of entering into the instant division contract, but it was a small property with the liability for the instant

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 3 through 6, Eul evidence Nos. 5, and each order to submit each financial transaction information to the court of this Court for the submission of B/S report, the result of each fact-finding conducted by the Ham-gun Office of this Court, the purport of the whole pleadings

2. Assertion and determination

A. As to the cause of the claim, the agreement on the division of the inherited property created by the right to revoke the fraudulent act shall be reached.

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