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(영문) 대구지방법원 2019.05.31 2018가단20658
사해행위취소에 의한 가액배상금청구의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 6, 2008, the Plaintiff’s claim against C filed an application with the Seoul Central District Court for a payment order for transfer money with the Seoul Central District Court 2008 tea72549, and on October 6, 2008, the Plaintiff received a payment order with the above court stating that “C shall pay to the Plaintiff the amount of KRW 11,936,122 and KRW 6,710,852 per annum from August 30, 2008 to the date of full payment (hereinafter “instant payment order”). The above payment order was finalized as it is.

B. C, E, F, the Defendant, G, and H6 South Korea under the sleeped that the agreement on the division of inherited property D (1926, hereinafter “the deceased”) died on October 23, 2017.

The instant real estate was owned by the deceased and the registration of ownership transfer was completed in the Defendant’s future on November 24, 2017 due to the agreement on the division of inherited property on October 23, 2017 (hereinafter “instant agreement on division”) on November 24, 2017, after the deceased died.

C. At the time of the instant division consultation, C’s property status was active property, and C had no particular property other than 1/6 shares of his statutory inheritance regarding the instant real estate, but had already been in excess of debt, such as the Plaintiff’s liability for the debt incurred under the instant payment order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, the purport of the whole pleadings

2. Determination

A. The gist of the party’s assertion 1) The Plaintiff’s assertion (the revocation of fraudulent act and restitution C) (the transfer of one-six shares, one-six shares of which are one-six shares of the instant real estate, to the Defendant through the instant division consultation constitutes a fraudulent act detrimental to the Plaintiff, which is

Therefore, the above division agreement shall be revoked within the scope of KRW 13,03,33, which is the joint collateral value of a fraudulent act, and KRW 25,184,99, which is the smaller amount of KRW 13,03,333, which is the amount of claims against the plaintiff C. The registration of creation of existing mortgage after the above division agreement and the transfer of ownership shall be revoked, and the real estate of this case shall be the third party.

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