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(영문) 대구지방법원 2016.12.21 2016나305851
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 26, 2007, the Plaintiff received an order of payment from the above court stating that “B shall pay to the Plaintiff 35,409,930 won and any of its 18,220,412 won at the rate of 17% per annum from December 12, 2007 to the date of full payment,” and the above payment order was finalized on January 18, 2008.

(hereinafter referred to as the “instant finalized debt”) B.

Attached Form

The deceased C’s co-inheritors holding each of the real estate listed in the list (hereinafter “each of the instant real estate”) had three children, including D, Defendant, and B, who were the spouse, as co-inheritors. However, the above co-inheritors independently inherited each of the instant real estate (hereinafter “instant agreement on the division of inherited property”).

Accordingly, each registration of ownership transfer was completed on May 1, 2012 by the Daegu District Court No. 31862, which was received on May 11, 2012.

C. At the time of the consultation on the division of the inherited property of this case, a person was in excess of his/her obligation because he/she did not own any property other than the inheritance shares on each of the instant real estate, and the value of 2/9 of the inheritance shares on each of the instant real estate is KRW 12,802,086 (=land 9,086,666, KRW 3,715,420).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the old trial court at the trial court at the trial, the fact inquiry results against the Court Administration Office, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant alleged that the Plaintiff was a specialized debt collection agency, and the Defendant was aware of each of the instant real estate on or around May 11, 2012, which was registered as the cause of the division of inherited property agreement.

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