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(영문) 대전지방법원 2016.02.16 2015가단21766
사해행위취소
Text

1. It was concluded on December 18, 2013 with regard to shares of 1/3 of the real estate listed in the separate sheet between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Defendant, C, and D were children of the deceased E (hereinafter “the deceased”), and became co-inheritors by the death of December 18, 2013.

B. On December 31, 2008, the Plaintiff filed a payment order against C with the Daejeon District Court Decision 2008 tea12479, and received payment order from the above court on December 31, 2008, “The Defendant shall pay to the Plaintiff 25 million won and the amount calculated by the rate of 5% per annum from January 1, 2005 to the service date of the payment order, and the amount calculated by the rate of 20% per annum from the next day to the day of complete payment, and the expenses for demand procedure.” The above payment order was received and delivered by the Defendant from the G apartment 130 Dong208, G Apartment-gu, Daejeon District Court at the Defendant’s domicile as of January 7, 2009, and the above payment order was finalized on January 22, 2009.

C. On December 18, 2013, upon the death of the deceased, an agreement was concluded on the division of inherited property between the Defendant, co-inheritors, and C and D regarding the real estate listed in the separate sheet (hereinafter “instant real estate”). D. The agreement was concluded on the division of inherited property to be owned by the Defendant solely (hereinafter “instant agreement”).

Since then, on February 28, 2014, the Defendant completed the registration of ownership transfer based on inheritance based on the agreement of this case in the future of the Defendant regarding the instant real estate.

E. C did not have any other active property except 1/3 of its own inheritance shares among the instant real property at the time of the instant agreement on the division of consultation, and rather did not have any other active property against the Plaintiff.

The state of excess, such as the burden of debt as stated in paragraph (1), was maintained as of the date of the closing of the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 5, the purport of the whole pleadings

2. Determination as to the cause of action

(a) The agreement on division of inherited property under applicable law shall commence for inheritance.

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