logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.17 2015가단122396
사해행위취소
Text

1. The agreement on the division of inherited property concluded on December 24, 2014 between the defendant and B regarding the real estate stated in the separate sheet between the defendant and B is three.

Reasons

1. Facts of recognition;

A. On October 24, 2008, the Plaintiff’s claim against B (1) The Social Co., Ltd., Ltd., which took place a lawsuit against B with the Seoul Central District Court 2008 Ghana1730541. On October 24, 2008, the above court rendered a judgment that “B shall pay to the Social Co., Ltd., Ltd., the amount of money calculated at the rate of 20% per annum from October 24, 2008 to the day of full payment, calculated with respect to KRW 588,348,91, and KRW 13,473,204 per annum from October 24, 2008.” The above judgment became final and conclusive around that time.

On October 28, 2011, the Plaintiff transferred and acquired the claim against Dongyang Social Co., Ltd. B and notified it to B.

(2) On the other hand, the principal and interest of the Plaintiff’s claim against B on September 21, 2015 reaches KRW 86,982,536 (i.e., principal and interest of KRW 13,473,509,332).

B. The Defendant and B agreed on the division of the inherited property (1) as the spouse of the deceased D (hereinafter “the deceased”), and the Defendant had E, F, G, H, H, B, I, K, K, and L as their children.

(2) On December 24, 2014, Defendant and E, F, G, H, I, J, K, and L, the heir of the deceased, owned the instant real estate listed in the separate sheet (hereinafter “instant real estate”). Accordingly, on January 7, 2015, the Defendant completed the registration of ownership transfer on the instant real estate under his/her name on January 7, 2015.

C. B’s property status did not include any property other than the inherited property from the deceased at the time of the consultation on division of the inherited property of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the existence of the preserved claim, the plaintiff is against B.

arrow