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청주지방법원 2019.08.29 2018가단30450
사해행위취소
Text

1.With respect to shares of 2/9 of the real estate listed in the Schedule Nos. 1 to 5:

A. On August 19, 2014 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the acquisition amount of C at the Seoul Central District Court No. 2017 tea4667, Nov. 1, 2017 was rendered and confirmed around that time. As of August 10, 2018, the amount of the acquired amount reaches KRW 42,904,527. As of August 10, 2018, the amount of the transferred amount reaches KRW 42,907,527. The amount of the claim as of the base date of the written payment order (base date: KRW 38,287,680: KRW 14,224,270, 2704, 616, 847, 904, 527, Feb. 27, 2017.

Attached Form

The real estate indicated in the list (hereinafter “instant real estate”) was owned by the network D (Death on August 19, 2014), and the Defendant, children C, E, and F, who are the spouse, as co-inheritors, are 3/9 of the Defendant’s statutory shares in inheritance and 2/9 of the C’s statutory shares in inheritance.

C. Around August 19, 2014, co-inheritors agreed on the division of inherited property with the content that the Defendant independently decides to inherit the instant real estate (hereinafter “instant agreement on division of inherited property”), and around September 22, 2014, the registration of transfer of ownership due to inheritance due to the division by agreement was completed in the Defendant’s future.

(hereinafter “instant transfer registration”). D.

Around August 2015, the market price of the real estate listed in the separate sheet Nos. 1 through 5 is KRW 331,124,200 in total, and KRW 18,424,50 in total, the officially announced price of the real estate listed in the separate sheet Nos. 6 through 8 of the same list is KRW 349,548,70 in total, and the secured debt amount of the deceased is KRW 124,848,756 in total, and the secured debt amount of KRW 124,848,756 in total, is 124,756.

(e).

C was in excess of the debt at the time of the agreement on the division of the instant inherited property, and the net inherited property, among the instant real property, at which the amount of the secured debt was deducted from the total value of the instant real property of KRW 49,93,320,00,00,000,000,000,0000,0000,00000 won, was 224,699,9444 (=349,548, 748,756). When applying C’s inheritance shares, C’s inheritance shares are calculated as 49,933,320 (=24,69,944 x 2/99)

(f) As to real estate listed in the separate sheet Nos. 1 through 5.