(영문) 광주지방법원 2020.07.10 2018나5870 | 리걸엔진

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(영문) 광주지방법원 2020.07.10 2018나5870

사해행위취소

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1. Revocation of the first instance judgment.

2. As to the shares of 2/13 of the real estate listed in the separate sheet between the defendant and C, it shall be as follows.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim against C applied for the payment order of the loan claim against Gwangju District Court Decision 2012 tea736.

On April 13, 2012, the above court ordered the creditor (Plaintiff) to pay the amount of KRW 50 million per annum for KRW 50 million from January 1, 2008 to the service date of the authentic copy of the payment order, 5% per annum for KRW 30 million per annum from July 1, 2010 to the service date of the authentic copy of the payment order, and 20% per annum for KRW 50 million from the next day to the service date of the authentic copy of the payment order. The above payment order was served to C on April 18, 2012, and was finalized on May 3, 2012.

B. D, the father of C, died, and there was a spouse, E, C, F, G, and H. 2) C succeeded to 2/13 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) due to the deceased D’s death.

3) On January 10, 2015, the heir of the network D, such as C, will vest 2/13 shares, which are the share of C’s inheritance regarding the instant real estate, as the inherited property of the network D, to the Defendant (hereinafter “instant division consultation”).

As a result, on May 27, 2015, the registration of ownership transfer was made in the name of the defendant with respect to the whole real estate of this case. 4) C did not have any specific property except the portion of inheritance regarding the real estate of this case at the time of the agreement on division of this case.

C. (1) The market value of the instant real estate at the time of the instant partition consultation on January 10, 2015 is KRW 106,209,00,00 at the time of the instant partition consultation regarding the instant real estate. (2) At the time of the instant partition consultation, the instant real estate was KRW 106,20,000,000 for maximum debt amount, KRW 38,000,000 for the branch office of the N association (hereinafter “N association”) (hereinafter “N association”) in the future, as the obligor D’s mortgage, ② the maximum debt amount, KRW 10,000 in the J

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