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(영문) 수원지방법원안산지원 2015.10.08 2013가합22048
사해행위취소
Text

1. Defendant A and Nonparty C entered into a contract on October 13, 2008 with respect to 3/13 shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) married with C, set up G, D, H, E, and Defendant A (I before the name of the deceased) under the chain, and died on October 13, 2008.

Defendant B is the father and wife of the above D.

B. On October 13, 2008, the above C, G, D, E, and Defendant A, who are co-inheritors upon the death of the deceased, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with Defendant A to independently own the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. Accordingly, on November 15, 2010, Defendant A completed the registration of ownership transfer based on the instant inherited property division agreement. D.

On September 5, 2007, Defendant A revoked the registration of establishment of a collateral on the instant real property on November 5, 2010, when Defendant A repaid the secured debt of Defendant B, the maximum debt amount of which was 273,00,000,000 won, the debtor, the deceased, and the agricultural cooperative, the mortgagee of the right to collateral security, and subsequently revoked the registration on November 5, 2010. On the same day, Defendant A completed the registration of establishment of a collateral on the part of the debtor B, the maximum debt amount of which was 42,00

E. After that, on November 15, 2010, Defendant B entered into a pre-sale agreement with Defendant A on the instant real estate and completed the provisional registration of the right to claim transfer of ownership based on the said pre-sale agreement (hereinafter “the provisional registration of this case”) under the receipt of No. 98031, Nov. 15, 2010, which was received on November 15, 2010.

F. Meanwhile, the Plaintiff intended to lend the sales price of the instant officetel to C, D, and E (hereinafter “instant officetel”), and the principal and interest of the loan, and the interest and interest of March 31, 2015 are as follows:

(1) Loans against D (other than loans related to the 6th floor non-Dong-dong 6th floor of the instant officetel) 2) Loans against D

G. The market price of the instant real estate is KRW 829,717,100 as of January 8, 2015, which is close to the date of closing the argument, and at the time of the agreement on division of the instant inherited property.

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