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(영문) 서울북부지방법원 2018.03.30 2017가단121431
사해행위취소
Text

1. It was concluded on March 8, 2017 on shares of 2/11 of the real estate listed in the separate sheet between B and the Defendant.

Reasons

1. Basic facts

A. On February 19, 2016, the Plaintiff filed a lawsuit against B on the ground that C&C claims for loans against C&C were transferred on the ground that C&C were transferred.

On April 20, 2017, the above court rendered a judgment that "B shall pay to the Plaintiff 9,912,509 won and 54,607,882 won with 18% interest per annum from September 23, 2015 to the date of full payment," and the above judgment was finalized on May 9, 2017.

(Then, B filed an appeal for the subsequent completion of the instant case on July 7, 2017, but withdrawn the appeal on September 7, 2017).

On the other hand, the father C of B refers to the entire real estate listed in the separate sheet No. 1, 2, and 6 of the real estate listed in the separate sheet No. 1, 2, and 6, and only one of them is called the real estate of this case.

A) On August 17, 2010, among the owners of 136 square meters in Dong-si and Do-si, D, E, and 78 square meters, died on August 17, 2010. C’s inheritors were the Defendant, the spouse, and F, G, and H. C. On March 8, 2017, C prepared a written agreement on the division of inherited property with the content that the Defendant shall own the instant 1, 2, 6 real estate, and D, 136 square meters in Dong-si, Dong-si, Dong-si, and the 78 square meters in F. Accordingly, the agreement on the division of inherited property was completed with respect to the instant 1, 2, 6 real estate, and D, Dong-si, Dong-si, and 136 square meters in size. As such, on March 8, 2017, the registration of the transfer of the ownership of the instant real estate was completed under the name of the Defendant 1 through 35 square meters in the name of Dong-si.

D. B, at the time of March 8, 2017, was liable to the Plaintiff for the above transfer money, whereas each of the instant real estate, which is an inherited property, did not have any particular active property except for shares 2/11 among each of the instant real estate.

E. Meanwhile, on May 27, 2005, with respect to the instant 1 and 2 real estate, the debtor C and the maximum debt amount of 70,000,000 won are the debtor.

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