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(영문) 창원지방법원마산지원 2020.02.20 2019가단106517
사해행위취소
Text

1. The inherited property entered into around March 22, 2018 with respect to the real estate indicated in the indication of attached real estate between the defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s preservation claim 1) The Korea Housing Finance Corporation filed against the Busan District Court a request for a payment order against B to pay “38,364,180 won and 38,064,740 won from April 1, 2005 to the service date of the original copy of the payment order, 15% per annum from the next day to the service date of the original copy of the payment order, and damages for delay calculated at the rate of 20% per annum from the next day to the completion date of the payment order. The payment order order application between the Korea Housing Finance Corporation and B on June 11, 2010 after the application for the payment order was performed as the litigation procedure, and between the Korea Housing Finance Corporation and B on June 11, 2010, the Korea Housing Finance Corporation recognized and recognized the above claim amount of the Korea

(2) On August 30, 2018, the Plaintiff acquired the claim against B from the Korea Housing Finance Corporation pursuant to the recognition and recognition protocol of this case from the Korea Housing Finance Corporation on August 30, 2018, and around that time, the notification of the assignment of the claim has been issued to B.

B. The agreement between the Defendant and B on division of inherited property 1) the mother-friendly net C (hereinafter “the deceased”) between the Defendant and B

A) On March 22, 2018, the Defendant and B died, and as a result, the apartment as indicated in the attachment indicating the real estate owned by the Deceased (hereinafter “instant apartment”).

A) Each 1/2 share was inherited, but around that time, the Defendant and B agreed on division of inherited property with the content that the Defendant would inherit the entire apartment of this case (hereinafter “instant agreement on division”).

(2) On September 3, 2018, the Defendant entered into the instant apartment on September 3, 2018, and completed the registration of ownership transfer stated in Paragraph (2) of the Disposition, which was based on inheritance under the instant agreement.

3) Meanwhile, at the time of entering into the instant agreement for division, B was insolvent. [The fact that there is no dispute over the grounds for recognition, the entry in Gap evidence 1-1-4, and the purport of the entire pleadings.]

2. Summary of the parties' arguments

A. The Plaintiff’s assertion and B’s insolvency due to the instant agreement concluded between the Defendant and B.

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