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(영문) 광주지방법원목포지원 2020.07.15 2019가단4319
사해행위취소 등
Text

1. As to shares 3/15 of each real estate listed in the separate sheet:

A. It was concluded on January 23, 2018 between the Defendant and D (E).

Reasons

1. Basic facts

A. On August 9, 200, the Plaintiff is registered as D’s resident registration, and as E’s basic certificate, as D’s resident registration.

Between B and B, a contract for lending KRW 50 million (hereinafter “instant lending contract”) was concluded.

B. On April 18, 2019, the Plaintiff applied for a payment order against D as Seoul Southern District Court 2019 tea3437, seeking payment of principal and interest under the instant loan agreement and KRW 78,385,683, and received the said payment order from the said court on April 18, 2019, and the said payment order was finalized on May 8, 2019.

C. The deceased on January 23, 2018, who is the husband of D (hereinafter “the deceased”). With respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased, the ownership transfer registration (hereinafter “each of the instant ownership transfer registration”) was completed on January 23, 2018, based on the title of the Defendant’s District Court, as the receipt No. 6237 on February 22, 2018 (hereinafter “instant agreement on the division of inherited property”) and the ownership transfer registration based on the agreement on the division of inherited property (hereinafter “instant agreement”).

As the inheritor of the deceased, the deceased’s wife D, G, H, I, J, K, and the defendant, who are the wife of the deceased.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, 7, 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. As seen earlier, prior to the existence of the secured claim, the Plaintiff had a loan claim under the loan agreement of this case against D prior to the agreement on division of the inherited property of this case, and thus, the above loan claim becomes a secured claim in cancelling the agreement on division of the inherited property of this case as a fraudulent act.

B. At the time of D’s agreement on the division of the inherited property in this case, according to the statements in the health room, Gap’s evidence Nos. 5 and 6, the deceased owned 26 m26 m2 and 28 m28 m2 in Jindo-gun, Jindo-gun, in addition to each of the instant real property, and the agreement on the division of the inherited property in this case on each of the instant real property.

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