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(영문) 대구지방법원 2019.11.01 2019가단102694
사해행위취소
Text

1. On March 7, 2016, it was concluded on March 7, 2016 with respect to the 2/13 shares of each real estate listed in the separate sheet between Defendant B and Nonparty D.

Reasons

1. Basic facts

A. On September 3, 2008, the Korea Deposit Insurance Corporation, Inc., the bankrupt E, filed a lawsuit against D on a loan claim with the Changwon District Court Decision 2008Gau41755, and rendered a judgment on September 3, 2008 that "D shall pay to D Deposit Insurance Corporation 16,179,593 won and 3,408,241 won with the rate of 72% per annum from February 25, 2008 to the date of full payment, and the above judgment became final and conclusive around that time.

The Plaintiff acquired the above bonds and applied for a payment order seeking the payment of the debt amount as Seoul Central District Court 2018 tea24857, and received a payment order for D on October 1, 2018. The above payment order was finalized around that time.

B. On March 7, 2016, the network F, the father of D, died with five children, including Defendant B and D, the spouse.

On March 7, 2016, the inheritors, including Defendant B and D, owned each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Deceased, and agreed upon and divided the inherited property (hereinafter “instant agreement division”) by Defendant B solely owned it.

Defendant B completed the registration of ownership transfer on September 7, 2016, based on the inheritance due to the instant agreement division.

D At the time of the instant consultation division, there was no particular property other than the inheritance shares (2/13) in respect of the instant real estate at the time of the agreement.

C. As to the instant real estate, on July 8, 2014, the right to collateral security, the maximum debt amount of which is KRW 10,400,000, and the right to collateral security, the maximum debt amount of which was KRW 3.9 million, was established in the future of the G association on July 16, 2014, respectively. However, each of the said rights to collateral security was cancelled on the ground of termination on March 26, 2018.

At the time of cancellation of each of the above collateral security rights, there was no actual collateral obligation.

Defendant B entered into a sales contract with Defendant C on March 15, 2018 with regard to the instant real estate as KRW 63.5 million, and completed the registration of ownership transfer to Defendant C on April 30, 2018.

E. The instant case.

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