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(영문) 대구지방법원 김천지원 2018.05.09 2017가단2188
사해행위취소
Text

1. Of each real estate listed in the separate sheet between the Defendant and C, C’s share of C-1/4 was concluded on December 2, 2014.

Reasons

1. On October 29, 2014, the Plaintiff filed a lawsuit against C, among co-inheritors, on the ground that he/she paid acquisition tax, property tax, interest on loans, etc. on each real estate listed in the separate sheet, as inheritance registration was completed on October 29, 2014 by the Seogu District Court Branch Branch Office of the Daegu District Court (Seoul District Court Branch Office Branch Office 2015No27420, which sought reimbursement according to the inheritance ratio. On April 1, 2016, the said court rendered a judgment that “C shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from December 3, 2015 to the date of full payment”.

On the other hand, on December 2, 2014, C entered into a mortgage contract (the maximum amount of claims 180,000,000,000 won, and the debtor C) with respect to the shares of each real estate listed in the separate sheet, which is the only property of C, on the same day. On the same day, C entered into a mortgage contract with the defendant as a mortgagee, and completed the registration of establishment of a mortgage. This constitutes a fraudulent act detrimental to the creditor, and it constitutes a fraudulent act detrimental to the creditor, and the defendant's bad faith is presumed to have been presumed to have

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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