(영문) 전주지방법원 2018.02.02 2017가단9932

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(영문) 전주지방법원 2018.02.02 2017가단9932

사해행위취소 등

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1. D and the Defendants’ inherited property concluded on April 1, 2016 with respect to 3/9 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim against D, D, and E, the Jeonju District Court 2014Kadan3361 decided to recommend reconciliation with the following contents in the purchase price of goods.

The term "D and E shall be jointly and severally paid KRW 56,329,100 to the Plaintiff, and 20,000,000 among them shall be paid up to December 31, 2015, and 36,329,100 won shall be paid up to May 31, 2016. If D and E do not fully pay KRW 20,000,000 by December 31, 2015, it shall be paid by adding damages for delay calculated at the rate of 12% per annum from January 1, 2016 to the date of full payment."

B. F’s death and division of inherited property consultation 1) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) refers to “the instant real estate” and “the instant two real estate” when named each of the instant real estate.

(2) The Defendants completed the registration of ownership transfer on April 1, 2016, with respect to the instant real estate by way of inheritance by consultation division as of April 1, 2016.

3) Defendant B completed the registration of ownership transfer for the instant real estate 2 as a result of inheritance due to consultation and division, No. 44537, Apr. 1, 2016, which was received on April 26, 2016, and No. 1 and 2 (including the serial number; hereinafter the same shall apply).

statement, the purport of the whole pleading

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff’s claim against D arising prior to the agreement on division of the inherited property of this case is subject to the obligee’s right of revocation.

B. In full view of the following circumstances, D’s evidence Nos. 3 and 4 against D’s insolvent and the fact-finding with respect to the head of the vehicle registration office at the time of the transfer of this Court, D’s inherited property.

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