(영문) 부산지방법원서부지원 2019.10.15 2018가단113407

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(영문) 부산지방법원서부지원 2019.10.15 2018가단113407

사해행위취소

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1. The inherited property concluded on January 23, 2016 between the Defendant and C regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several liability claim 1) The Plaintiff is a joint and several liability company D (hereinafter “foreign company”) operated by C until February 7, 2012.

(ADP goods equivalent to the sum of KRW 37,950,000,00,00,000, including super-frequency maritime observation equipment (ADP), are supplied to the non-party company as the price for the goods and received only KRW 8 million on May 15, 2012 from the non-party company as the price for the goods (hereinafter “the price for the goods of this case”).

(2) On October 18, 2012, the non-party company prepared and delivered to the Plaintiff a written promise of payment that the non-party company would pay 29,950,000 won to the Plaintiff for the instant goods payment obligation to the Plaintiff until December 28, 2012, and that the non-party company would pay 25% per annum in addition to delay damages. At the time, C guaranteed the non-party company’s goods payment obligation.

3) On March 13, 2013, the Plaintiff filed a lawsuit against the non-party company with Busan District Court Decision 2013Kadan542, and was sentenced to the judgment that “the non-party company shall pay to the Plaintiff 29,950,000 won with interest of 20% per annum from January 10, 2013 to the date of full payment,” and the above judgment became final and conclusive at that time. (b) The network E (hereinafter “the deceased”) was married with the Defendant and died on January 23, 2016.

2) On April 3, 1987, the Deceased’s respective real estate listed in the separate sheet (hereinafter “instant real estate”) as of April 3, 1987.

3) On January 23, 2016, the Defendant’s sole ownership of the instant real estate (hereinafter “instant agreement division”) was completed on February 25, 2016, for the following reasons: (a) the heir, including the Defendant, purchased the instant real estate and completed the registration of ownership transfer under his/her name on the same day.

C. At the time of the consultation and division, the market price of the instant real estate and C’s financial resources were discussed and divided.

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