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(영문) 서울중앙지방법원 2017.04.25 2015가단209468
사해행위취소
Text

1. As to shares 3/44 of each real estate listed in the separate sheet:

A. It was concluded on November 14, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On November 15, 2012, the Plaintiff filed an application with B for a payment order under this Court No. 2012 teas 198807, but failed to serve the original copy of the above payment order, thereby implementing litigation procedures (No. 2013 Ghana 5176464).

Then, on July 2, 2013, the Plaintiff was sentenced to the judgment that “B shall pay to the Plaintiff an amount equivalent to KRW 11,403,952 and KRW 3,634,464 per annum from June 29, 2013 to the day of full payment” (hereinafter “instant judgment”), and the said judgment was finalized on August 7, 2013.

B. B’s mother C died on August 12, 2002, and the heir was D, E, B, and F, who was a child, but the F died and the heir was her child, G, H, and Defendant.

Of the above inheritors, on November 14, 2014, the Defendant: D, B, G, H, and the Defendant agreed on the division of the inherited property (hereinafter “instant agreement”) to be solely inherited by the Defendant with respect to the 3/11 share of each of the real estate listed in the separate sheet in which ownership transfer registration is completed in the name of each network C on November 28, 2014 (hereinafter “each of the instant real estate”).

C. On January 13, 2015, the Defendant completed the registration of transfer of ownership (hereinafter “registration of transfer of ownership”) on January 13, 2015 due to inheritance by consultation division on August 12, 2002 with respect to the deceased C’s 3/11 shares among each of the instant real estate.

B At the time of the instant consultation, there was no real estate owned other than the inheritance shares of the deceased C-3/11 of each of the instant real estate. The substantial value of the inheritance shares above is the same.

The amount of debt described in the subsection has not been exceeded.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, 8, 9, 11, 12, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. The agreement on division of the inherited property to determine the cause of the claim has commenced and the co-inheritors have become a provisional co-inheritors.

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