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(영문) 수원지방법원 2017.06.22 2016가단544111
사해행위취소
Text

1.(a)

On June 19, 2009, the defendant and the non-party B signed on June 19, 2009 with respect to 1/7 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff filed an application against Nonparty B for a payment order with Suwon District Court No. 2012 tea1237, Feb. 7, 2012, the said court calculated the Plaintiff at the rate of 17% per annum from December 20, 1996 to January 31, 1998; 25% per annum from the next day to August 31, 1998; 18% per annum from September 1, 1998 to November 19, 201; from November 20, 201 to February 29, 201; and from February 10, 201 to February 19, 201, the said court calculated the payment order at the rate of 20% per annum from February 21, 201 to February 20, 201.

B. The deceased C (hereinafter “the deceased”) died on June 19, 2009 and jointly succeeded to the deceased’s children, B, D, E, F, G, H, and the Defendant.

C. The Deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”). On December 2, 201, the Deceased’s co-inheritors agreed on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the Defendant would independently own each of the instant real estate as of June 19, 2009, including B, D, E, F, G, H, and the Defendant, who were co-inheritors of the Deceased.

Accordingly, on December 14, 201, the registration of transfer of ownership in the name of the defendant was completed on the ground of the agreement on the division of the inherited property of this case on December 14, 201.

Before consultation on the division of the instant inherited property, each of the instant real estate was completed on February 6, 2007 by the maximum debt amount of 140,00,000,000 won, and by the debtor C and the mobile agricultural cooperative movemented to the mortgagee (hereinafter “the instant mortgage”). The Defendant completed the registration of establishment of a mortgage on April 24, 2013 with respect to the instant real estate as the registration of establishment of a mortgage for the debtor, Defendant, and the mobile agricultural cooperative movemented to the mortgagee, and completed the registration procedure on April 26, 2013 with respect to the registration of establishment of a mortgage on April 26, 2013.

E. On the other hand, B is a property other than the inheritance share of each real estate of this case.

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