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(영문) 부산지방법원서부지원 2019.01.09 2018가단6424
사해행위취소
Text

1. It was concluded on April 12, 2016 with respect to 2/9 shares of each real estate listed in the separate sheet between the defendant and E (F).

Reasons

1. Facts of recognition;

A. E from 2013 to 35,372,797 won in arrears due to delinquency in paying the credit card fee, etc. to the Defendant.

B. As G died on April 12, 2016, the Defendant, children H, E, and D, the inheritor, entered into a contract on the division of inherited property (hereinafter “division”) with the content that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) shall own by the Defendant, as indicated in the separate sheet (hereinafter “instant agreement on the division of inherited property”).

At the time, E was in excess of the obligation.

C. On August 8, 2016, the registration of ownership transfer was completed in the Defendant’s future due to the division of the instant inherited property agreement.

At the time of the division of the inherited property of this case, the establishment registration of a neighboring mortgage-holder I Co., Ltd., the maximum debt amount of KRW 172,800,000 (No. 6826, Feb. 29, 2012) and the establishment registration of a neighboring mortgage-holder Co., Ltd., J., the maximum debt amount of KRW 100,000 (No. 3525, Jul. 23, 2015, No. 3525, Jul. 23, 2015) as to the real property indicated in the separate list as indicated in the separate list as to the real property indicated in the separate list as follows: (a) the establishment registration of a chonsegwon (No. 94216, Sept. 28, 201), the establishment registration of a right to lease on a deposit basis (No. 94216, Sept. 28, 201); (b) the attached list 2, 3, 20009.7

After the division of the inherited property of this case, the Defendant cancelled all the registration of the establishment of a mortgage and lease on a deposit basis.

E. After the division of the inherited property of this case, the Defendant: (a) registered the establishment of a collateral security holder I Co., Ltd.; (b) the maximum debt amount of KRW 252,00,000 with respect to one real estate indicated in the attached list; (c) and (d) the establishment of a collateral security holder Co., Ltd.; (d) and (e) 2 and 3 real estate indicated in the attached list, as indicated in the attached list.

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