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(영문) 서울중앙지방법원 2020.02.04 2019가단5155434
사해행위취소
Text

1. It was concluded on May 9, 2016 with respect to 2/9 shares of each real estate listed in the separate sheet between the Defendant and D.

Reasons

1. Facts of recognition;

A. The Plaintiff was rendered a quoted judgment on July 2, 2013 with respect to D’s claim for the amount of money transferred on or after July 2, 2013, and the said judgment became final and conclusive around that time. As of April 26, 2019, the amount of the money transferred on or after April 26, 2019 reaches KRW 18,906,507 (the first principal amount, KRW 2,094,013, interest KRW 16,812,494).

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the network E, and the legal share of inheritance by the Defendant and D as co-inheritors is 2/9, respectively.

C. On May 9, 2016, co-inheritors held an agreement on the division of the inherited property of this case with the purport that the Defendant unilaterally decides to inherit each of the instant real property, and on June 1, 2016, the registration of ownership transfer was completed due to inheritance due to the division by agreement in the future of the Defendant.

At the time, each of the instant real estate was established on the collateral security, which is the debtor, the deceased, and the H&D association. However, the total amount of KRW 35,00,000 on January 28, 2016 and KRW 30,000,000 on May 13, 2016 were repaid, and all of the collateral security obligations were repaid, and each of the said registrations was cancelled on June 14, 2016.

E. The total value of each of the instant real estate around December 9, 2019, nearest to the time of closing the argument in the instant case, is KRW 127,709,200.

F. Meanwhile, D was in excess of its obligation at the time of the instant agreement on the division of inherited property, and there was no particular property among each of the instant real property except D-2/9 inheritance shares.

[Ground of recognition] A without any dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including additional numbers), appraiser I's appraisal result, inquiry result of this court's Hassociation head, the purport of the whole pleadings

2. The agreement on the division of inherited property in this case concluded with respect to D’s share of inheritance among each of the instant real property shall be revoked as a fraudulent act, and for the restoration to original state, the Defendant shall compensate for the Plaintiff’s claim amounting to KRW 13,102,044 [=the each of the instant real property].

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