(영문) 의정부지방법원 2015.08.28 2014가단43175

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(영문) 의정부지방법원 2015.08.28 2014가단43175

사해행위취소

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1. It was concluded on March 7, 2012 with respect to 2/9 shares of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On October 25, 2007, the Plaintiff applied for a payment order against B with 2007 tea 567 to the Dobcheon District Court for the payment order against B, and the payment order was finalized on November 28, 2007, stating that “B shall pay to the Plaintiff 19,79,748 won and the amount equivalent to 17% per annum from October 25, 2003 to November 13, 2007, and the amount equivalent to 20% per annum from the next day to November 13, 2007”

B. The deceased, the father of B, died while owning each real estate listed in the separate sheet (hereinafter “instant real estate”). At the time, the heir was the Defendant, the person D, B, and E, who was the wife of the deceased C, but the Defendant’s inheritance shares were 2/9, respectively.

C. On March 7, 2012, Defendant, B, D, and E entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that the Defendant is to solely inherit the instant real property, which is the inherited property of the Deceased. The Defendant completed the registration of ownership transfer on April 3, 2012 due to the inheritance by agreement and division.

At the time of the consultation on the division of the inherited property of this case, B did not have any particular property other than the inheritance shares of the real property of this case. At the time of the consultation on the division of the inherited property of this case, B claims for the acquisition of the Plaintiff’s claim against B based on the above payment order of this case shall be 19,79,748 won and damages for delay 28,169,198 won [19,799,748 won x 17% per annum

【8) Total amount of KRW 47,968,946.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 4, 5, 6, 200 and 200

2. Determination

A. (i) The claim of the Plaintiff’s right of revocation for transfer amounting to KRW 47,968,946 on the basis of the above payment order shall be the preserved claim.

2. The defendant's claim for the acceptance of the plaintiff's above shall be from February 22, 2003, which is the date of occurrence of the claim.

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