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(영문) 대전지방법원논산지원 2020.12.24 2020가단12755
사해행위취소
Text

1. As to shares of 2/13 of each of the real estate listed in the Schedule 1 annexed hereto:

A. Defendant B and Defendant C, Nonparty D, E, F.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract between October 22, 2015 and October 22, 2016 with respect to the I high-priced motor vehicle owned by Nonparty H.

B. Nonparty J (hereinafter “the deceased”) is a driver of LV who has subscribed only to K Co., Ltd. for personal compensation I (liability insurance).

C. On April 22, 2016, around 16:10, the Plaintiff paid N Co., Ltd. the amount of KRW 5,028,200 of the non-insurance motor vehicle injury contribution to M who suffered from an accident that occurred in front of the bus bus stops located in the Masan-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. The Plaintiff filed a lawsuit against the Deceased for the claim for indemnity amount as the Daejeon District Court 2020Kadan117890.

On November 3, 2018, the deceased died on November 3, 2018, and there was Nonparty D, E, F, G, and Defendant C, the spouse of the deceased, who was the inheritor, but the inheritor filed an application for inheritance limited approval with the Daejeon Family Court Branch of the Daejeon Family Court Branch of 2019Ra144, and received a report on inheritance limited approval on September 23, 2019.

E. On November 3, 2018, the deceased’s heir entered into an agreement on the division of inherited property on the real estate listed in the separate sheet 1 and 2, which was the deceased’s property. Accordingly, on January 11, 2019 with respect to the real estate listed in the separate sheet 1 (hereinafter “instant real estate”) the registration of ownership transfer was completed under the name of Defendant B, and on January 17, 2019, the registration of ownership transfer was completed under the name of Defendant C with respect to the real estate listed in the separate sheet 2 (hereinafter “instant real estate”).

F. In the above Daejeon District Court 2020Kadan117890, the above court decided to recommend reconciliation that “within the scope of the property inherited from the deceased, Defendant B shall pay KRW 11,775,738, and KRW 7,850,492, respectively, to Defendant C, Nonparty C, D, E, F, and G, within the scope of the property inherited from the deceased, until October 31, 2020,” and the above ruling of recommending reconciliation was finalized on August 28, 2020.

G. The deceased and the deceased’s inheritors are in the condition that there is no other property than the instant inherited property.

[Ground of recognition] dispute.

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