logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2015.02.12 2014가단9746
사해행위취소
Text

1. As to the share of 3/15 square meters among the 6050 square meters in Northern-gu B prior to the port of port:

A. It was concluded on July 20, 2014 between the Defendant and C.

Reasons

1. Basic facts

A. C took out a loan of KRW 3,200,000 from LG Card Co., Ltd. on September 5, 2002 and repaid KRW 1,00,000 on April 28, 2003. The agreed damages rate were 17% per annum.

B. Since then, LG Card Co., Ltd. transferred LG investment securities to the Plaintiff, and the LG Investment Securities Co., Ltd. notified C of the above transfer in sequence.

C. The Plaintiff filed a payment order with C on May 25, 2007 with the Daegu District Court Branch Branch of 2007Guj2238, and the said court ordered C to pay the Plaintiff the amount of KRW 3,100,000 per annum from October 25, 2003 to the delivery date of the instant order, and KRW 17% per annum from the next day to the full payment date, and KRW 20% per annum from the next day to the full payment date. The said payment order was finalized on June 15, 2007.

On the other hand, D, the husband of C, owned 6050 square meters (hereinafter “instant real estate”) prior to the North-gu, Northern-gu, Ma, and died on July 20, 2014. The wife, the Defendant, E, F, G, H, and I jointly succeeded to the network D, which is the wife, and C’s inheritance shares are 3/15.

E. On July 20, 2014, the co-inheritors, including the Defendant, etc., entered into an agreement on the division of inherited property to transfer the ownership of the instant real estate to the Defendant (hereinafter “instant division agreement”), and the Defendant, based on such agreement, completed the registration of ownership transfer under the receipt of the Daegu District Court Port Branch Decision No. 76034 on August 22, 2014.

F. C had already been in excess of obligations at the time of the instant split-off consultation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5-1, 5-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The agreement on division of the inherited property established by fraudulent act shall vest in the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as separate ownership by each inheritor, or performing it as a new co-ownership relationship.

arrow