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(영문) 청주지방법원영동지원 2020.11.20 2020가단4354
사해행위취소
Text

Attached Form

with respect to one sixth portion of each immovable property listed in the list:

A. On February 12, 2019, between C and the Defendant.

Reasons

1. Facts of recognition;

A. On January 30, 2015, the Plaintiff filed an application with C for a payment order as Seoul Northern District Court 2014 tea51605. On January 30, 2015, the said court ordered C to pay “14,230,439 won and damages for delay from December 30, 2014” for “14,230,439 won and 3,000,000 won,” and the said payment order became final and conclusive around that time.

B. C’s motherD (hereinafter “the deceased”) died on August 21, 2018, and six children including C and the Defendant were the inheritor.

As the deceased’s inherited property, each of the real estate listed in the attached list (hereinafter “each of the instant real estate”) and each of the real estate recorded in the attached list (hereinafter “each of the instant real estate”) and E, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do. However, on February 12, 2019, the inheritors of the instant real estate were as follows: (a) on February 12, 2019, the Defendant inherited each of the instant real estate on a F’s own inheritance of 1,18 square meters; and (b) “the agreement on

(C) At the time of consultation on the division of inherited property, the Defendant completed the registration of the transfer of ownership on each of the instant real estate by Youngju District Court, Young-dong Branch, No. 1627, Feb. 15, 2019. C. A was in excess of the debt at the time of consultation on the division of inherited property of this case. [Grounds for Recognition] There was no dispute, and A’s evidence Nos. 1 through 4 (including a serial number; hereinafter the same applies)

(2) Each entry of the evidence referred to in sub-paragraph (1) to (2) and the purport of the whole pleading

2. Determination

A. (1) Determination as to the cause of the claim 1) The Plaintiff’s monetary claim against C before the agreement on the division of the inherited property of this case was reached, and the facts that C had been in excess of the debt at the time of the agreement on the division of the inherited property of this case are as seen earlier. (2) The agreement on the division of the inherited property by the intention of fraudulent act and the deceased will, upon the commencement of inheritance, has all or part of the inherited property provisionally owned by the co-inheritors as the sole ownership of each inheritor or as a new co-ownership relationship.

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