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(영문) 창원지방법원 2020.01.16 2018가합54616
사해행위취소 등
Text

1. It was concluded on June 3, 2018 with respect to 2/9 shares of each real estate listed in the separate sheet between Defendant and F.

Reasons

Facts of recognition

By August 23, 2013, F borrowed a total of KRW 430,00,00 from the network G from around August 23, 2013. After the network G died on April 10, 2017, the Plaintiffs, the heir of the network G, filed a lawsuit against F against the Plaintiff seeking payment of the loan under Changwon District Court 2018Gahap50836, and the said court rendered a judgment on June 28, 2018 that “F shall pay to the Plaintiff KRW 143,33,33, and KRW 95,555,555, and each of the said money at the rate of KRW 15% per annum from April 11, 2018.”

The above judgment became final and conclusive on July 14, 2018.

B. The deceased on June 3, 2018, including F’s agreement on the division of inherited property, died on June 3, 2018. The inherited property has each real estate indicated in the separate sheet (hereinafter “instant real estate”). The statutory inheritance portion is 3/9, F, I, and J, the spouse of the Defendant, 2/9, respectively.

Defendant, F, I, and J made an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the effect that the instant real estate shall be owned by the Defendant solely, and accordingly, on June 28, 2018, the registration of transfer of ownership was completed due to inheritance due to the agreement and division made on June 3, 2018 in the future on the instant real estate.

C. Following the instant division consultation in F’s financial resources, F deepened the debt excess, and F is in insolvent even at the time of the closing of the argument in this case.

[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and 6 (including each number, if any; hereinafter the same shall apply), the Ministry of Land, Infrastructure and Transport of this court, and the Korea Securities Depository, as a result of the fact-finding inquiry into the Korea Securities Depository. As a result of this court's order to submit financial transaction information to KK Co., Ltd. to the defendant, while the summary of the plaintiff's assertion of the whole purport of the pleading exceeds the obligation, the division consultation with the defendant, and the registration of ownership transfer

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