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(영문) 수원지방법원안양지원 2017.07.20 2016가단104812
사해행위취소
Text

1. Of each real estate listed in the separate sheet, 2/9 shares were concluded on September 18, 2012 between the Defendant and Nonparty B.

Reasons

1. Facts of recognition;

A. Nonparty B, while driving a C vehicle at around 20:00 on December 2, 2003, caused an accident to conceal D vehicles in the atmosphere of the signal signal at the E-Mari-ri Intersection Intersection Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri.

B. The plaintiff paid KRW 1,40,000 to the repair cost of the damaged vehicle as the policyholder who entered into an insurance contract with the non-party B, and the payment order was finalized on October 11, 2014 upon filing an application for the payment order against the non-party B (Seoul Central District Court 2014j. 17655). The plaintiff filed a lawsuit for the claim for the amount of the re-payment after paying medical expenses and the amount agreed upon to the victim E, and filed a lawsuit for the claim for the amount of the re-payment on November 9, 2006, the defendant paid to the plaintiff KRW 4,84,810, and the amount calculated by applying for the payment order to the non-party B at each rate of 5% per annum from October 15, 2005 to October 4, 2006, and 20% per annum from the next day to the date of full payment.

The judgment was rendered on December 8, 2006, and it became final and conclusive on December 8, 2006.

Daejeon District Court 2006Gauri171571) c.

On the other hand, upon the death of the deceased F, the non-party G, the deceased's heir, and the non-party G, H, and B agreed on the division of inherited property on September 18, 2012, which was inherited by the non-party A as of September 18, 2012. The above real estate was completed on October 29, 2012 as the receipt of No. 79921 on October 29, 2012.

Nonparty B is the only property that constitutes one’s own shares of inheritance among the real estate listed in the separate sheet.

E. As of June 22, 2017, the Plaintiff’s claim against Nonparty B is KRW 15,470,871.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. The establishment of a fraudulent act was examined, and according to the above facts, at the time of the agreement on division of the inherited property of this case, the plaintiff at the time of the agreement on division of the inherited property of this case, the claim for each of the claims for reimbursement of this case was in the state of accrual of each of the claims for reimbursement of this case against the non-party B

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