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(영문) 대전지방법원서산지원 2017.11.14 2017가단52134
사해행위취소
Text

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

A. The Defendant and Nonparty B concluded on June 17, 2014.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff was ordered to pay the Plaintiff KRW 40,191,385 and KRW 40,191,313 from October 23, 2012 to the service date of the original copy of the payment order, and KRW 15% per annum from the following day to the service date of the original copy of the payment order, and KRW 20% per annum from the next day to the full payment date. The above payment order was finalized on November 28, 2012.

B. The deceased C (the deceased on June 17, 2014, hereinafter “the deceased”) had his/her spouse D, B, and E (the deceased’s death) as his/her child between the Defendant and the Defendant, who is his/her spouse.

As the deceased died, on June 17, 2014, the deceased’s inheritors entered into an agreement on division of inherited property solely inherited by the Defendant (hereinafter “instant agreement”). On September 23, 2014, the Defendant completed the registration of transfer of ownership based on the instant agreement with respect to each real estate listed in the separate sheet, which is the inherited property of the deceased.

C. B was in excess of the debt around June 17, 2014.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, result of an order to submit tax information to the head of the Daejeon District Office to submit tax information, the purport of the whole pleadings

2. The parties' assertion

A. A summary of the Plaintiff’s assertion 1) B reduced the joint security for general creditors by concluding the instant agreement in excess of the obligation. Accordingly, the instant agreement constitutes fraudulent act. Accordingly, the Defendant is obligated to implement the procedure for ownership transfer registration for the inheritance shares of each real estate listed in the separate sheet to B, on the grounds of the recovery of real name, with respect to the inheritance shares of B, among the real estate listed in the separate sheet. 2) B received money from the deceased before the deceased’s birth.

There is no evidence to prove that the deceased has bequeathed only to the inheritors other than B by will.

B. The summary of the Defendant’s assertion B is one’s own before the Deceased’s birth.

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