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(영문) 인천지방법원 2020.07.07 2019나58080
사해행위취소
Text

1. Revocation of the first instance judgment.

2. As to shares in 2/9 of the real estate listed in the separate sheet:

(a) between D and the Defendant;

Reasons

1. Determination on the cause of the claim

A. A. Around November 5, 2015, E Co., Ltd. (hereinafter “E”) leased KRW 3 million to D at least 60 months from the date of maturity loan, the agreed interest rate, and the overdue interest rate, 34.9% per annum.

E on September 25, 2017, transferred the above loan claims against D to the Plaintiff, and notified D of the transfer of claims around that time.

(2) The Plaintiff applied for a payment order against D with respect to the above transfer amount, and “D” paid to the creditor (Plaintiff) an amount of KRW 3,79,153 and KRW 2,968,557 per annum 34.9% per annum from December 9, 2017 to the date of full payment” was issued on December 21, 2017 by the Seoul Northern District Court Decision 2017 tea 70956, Dec. 21, 2017. The order became final and conclusive on January 10, 2018.

The sum of the principal and interest of the Plaintiff’s credit against D until November 14, 2018 is KRW 4,778,463, and the principal is KRW 2,968,557.

(3) The father F of D died on March 4, 2004.

The heir of the networkF has the defendant (the mother of D), children G, H, and D, who are the spouse.

On February 7, 2018, the above inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the Defendant’s sole possession of the real estate indicated in the separate sheet (hereinafter “instant real estate”). On April 17, 2018, the Defendant completed the registration of ownership transfer with respect to the instant real estate on April 17, 2018.

(4) Meanwhile, at the time of the instant agreement on the division of inherited property, D was insolvent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, result of order of submission of credit information to the head of the office of the first instance court, result of fact inquiry by the Minister of National Court Administration, purport of whole pleadings

B. (1) Determination is made on the establishment of a fraudulent act (A) the division agreement on inherited property (a) with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance, all or part of which is a sole ownership of each inheritor or a new co-ownership relationship.

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