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(영문) 제주지방법원 2016.09.09 2015가단18304
사해행위취소등(가액배상청구)
Text

1. As to each real estate listed in the separate sheet between the defendant and B, the portion of the inherited property concluded on January 31, 2015.

Reasons

Facts of recognition

The plaintiff's claim against the plaintiff Eul was filed with the Jeju District Court 2008Gapo634, Seopopo District Court 2008. The plaintiff filed a lawsuit against the plaintiff Eul and sentenced the above court to "B shall pay the plaintiff 13,241,610 won with 17% per annum from October 25, 2003 to March 22, 2008 and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive as it is.

(1) The Plaintiff’s claim against B (hereinafter “the Plaintiff’s claim against the judgment money”). The inheritance judgment division agreement 1) B (hereinafter “the deceased”).

(1) As the deceased died on January 31, 2015, D, the Defendant, B, and E, as co-inheritors of the deceased, are the land and buildings indicated in the separate sheet that they owned by the deceased on January 31, 2015 (hereinafter “instant land and buildings”).

(1) The agreement on the division of inherited property that the Defendant independently succeeds to (hereinafter “instant agreement on the division of inherited property”).

Accordingly, on July 27, 2015, the Defendant filed for the registration of ownership transfer on the ground of inheritance due to the division as of January 31, 2015 (hereinafter “each registration of ownership transfer of this case”) with respect to the instant land and building on July 27, 2015.

(2) On the other hand, B did not have any property other than the inheritance share on the instant land and building at the time of the agreement on the division of inherited property.

(1) On May 30, 200, the instant land and building was established with the maximum debt amount of 14,300,000 won, the deceased, and the Korean National Bank, a citizen bank, a corporate debtor, the mortgagee, at the time of the agreement on the division of the inherited property. However, at the time of the agreement on the division of the inherited property of this case, the aforementioned secured debt was KRW 1,620,282, and the Defendant revoked the registration of the establishment of the said mortgage by repaying the secured debt on June 4, 2015 after the completion of each of the instant registration on the division of inherited property. (2) Meanwhile, the E deposit loan limited company, who became another creditor, was the Seoul District Court 2016Da5014716 against the Defendant.

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