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(영문) 대전지방법원 천안지원 2018.05.02 2017가단11663
사해행위취소
Text

1. It was concluded on January 29, 2017 with respect to the share of 2/13 in each real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) filed an application against C for payment order with the Daejeon District Court Branch Branch of the Daejeon District Court (2015 tea2078), and on December 17, 2015, the Plaintiff received an order from the said court to pay C the Plaintiff KRW 15,446,573 with 5% per annum from October 3, 2015 to the delivery date of the original copy of the payment order, and 15% per annum from the next day to the delivery date of the original copy of the payment order. (2) The instant payment order was served to C on February 15, 2016, and became final and conclusive on March 1, 2016.

B. D’s death and inheritance 1) D is the father of C, and D’s death around January 2017. 2) D’s death and the Defendant, who was his wife, succeeded to D’s property at the ratio of 3/13 shares, E, F, C, G, and H’s 2/13 shares.

C. On January 29, 2017, the Defendant and E, F, C, G, and H, who are the inheritors of D, shall consult on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the Defendant succeeds to each real estate listed in the separate sheet, which is inherited property (hereinafter “instant agreement on division of inherited property”).

(2) On April 20, 2017, the registration of ownership transfer was completed in the name of the defendant on April 20, 2017 regarding each real estate listed in the separate sheet following the agreement on division of the inherited property of this case.

C did not have any property other than 2/13 shares of each real estate listed in the separate sheet, which is inherited property, at the time of the consultation on division of the inherited property of this case.

E. After completing the registration of ownership transfer for each real estate listed in the separate sheet on April 20, 2017, the registration of ownership transfer for each real estate listed in the separate sheet was completed, and (1) the registration of ownership transfer for the real estate listed in the separate sheet was cancelled on December 31, 2013 on September 26, 2017; and (2) the registration of ownership transfer for the real estate listed in paragraph (4) of the separate sheet was completed on June 30, 2017 with the maximum debt amount of KRW 210,000,000 in the name of the Asan Credit Union.

【Ground for recognition】

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