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(영문) 대전지방법원 천안지원 2018.11.29 2017가단110454
사해행위취소
Text

1. A donation agreement concluded on October 14, 2016 between the Defendants and J on real estate stated in the separate sheet No. 1 list between the Defendants.

Reasons

1. Basic facts

A. On January 28, 2011, the deceased K died. The co-inheritors have deceased L (Death around June 2, 2013), Plaintiff A, B, E,F, G, M, J, network N, andO, a spouse.

On September 18, 2013, the network N succeeded to the Plaintiff C and D’s N’s property, its children.

B. On May 1, 2002, the deceased K donated each real estate listed in [Attachment 2] Nos. 3 through 5 to the J on May 1, 2002, completed the registration of ownership transfer under the name of J on May 20, 202, and donated each real estate listed in [Attachment 2] Nos. 1 and 2 to the J on August 14, 2006, and completed the registration of ownership transfer under the name of J on August 23, 2006.

C. On March 17, 2012, the Plaintiffs filed a lawsuit against J with the Daejeon District Court Branch Decision 2012Kadan5410 (Seoul District Court Branch Decision 2012Na5410). On January 16, 2014, the appellate court of the instant case rendered a judgment that “J shall pay Plaintiff A, B, E, F, and G 63,015,677 won, respectively, to Plaintiff C, and D 31,508,500 won with respect to each of the above amounts, and KRW 31,508,50 won with respect to each of the above amounts, from October 19, 2012 to January 16, 2014, the judgment became final and conclusive on February 6, 2014.

On October 11, 2016, the real estate listed in the attached Table 2 List 4 (P. 1,142 square meters in Asan City) was divided into the real estate listed in the attached Table 1 (P. 305 square meters in Asan City) and Q. 837 square meters in Asan City.

On October 14, 2016, the J donated 100/305 shares of the real estate listed in the separate sheet No. 1 to Defendant H, and entered into a donation contract under which Defendant I donated 205/305 shares of the real estate listed in the separate sheet No. 1 list to Defendant I (hereinafter “instant donation contract”). On October 17, 2016, the J completed the registration of transfer of ownership for each of the said shares (hereinafter “instant transfer of ownership”).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and pleadings.

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