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(영문) 대구지방법원김천지원 2020.09.17 2019가단37171
사해행위취소
Text

1. On July 19, 2019, 2/13 shares of each real estate listed in the separate sheet between the defendant and the non-party D were concluded.

Reasons

1. Basic facts

A. The Plaintiff’s monetary claim against Nonparty D 1) E limited liability company filed an application with Nonparty D (FF) for the payment order with Seoul Western District Court 2012 tea61355. On December 10, 2012, the said court ordered D to pay “4,826,074 won and damages for delay calculated at the rate of 20% per annum from December 4, 2012 to the date of full payment,” and the said payment order became final and conclusive on December 28, 2012, E limited liability company transferred the said monetary claim against D on January 25, 2019 to the Plaintiff, and the Plaintiff was delegated the said assignment order and notified D around August 19, 2019.

3) As of October 18, 2019, the amount of monetary claims against the Plaintiff against D is KRW 6,892,478 (i.e., principal KRW 1,547,160 and interest thereon KRW 5,345,318). (b) Inheritance relation 1) G (H) with respect to G (D’s attachment) and the Defendant placed a child under his/her supervision Do, Do, Do, Y I, J, C, C, C, k and k’s with his/her child.

2) Meanwhile, G on November 16, 1990, each of the real estates listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estates”).

(3) G (hereinafter referred to as “the deceased”) died on January 24, 2019, and the Defendant, as his spouse, jointly succeeded to the deceased in proportion to 2/13 shares, 3/13 shares, D, I, J, K, and L, respectively.

C. A division of inherited property 1) On July 19, 2019, co-inheritors of the deceased shall have an agreement on division of inherited property to vest each of the instant real property in the Defendant’s sole ownership (hereinafter “instant agreement on division of inherited property”).

Accordingly, on January 24, 2019, the defendant registered the ownership transfer of each of the instant real estate on July 24, 2019 (hereinafter referred to as "the ownership transfer registration of this case").

(2) On the other hand, each of the instant real estates is completed.

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