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(영문) 청주지방법원 2017.12.21 2017가단2496
사해행위취소 등
Text

1. As to shares 2/15 of each real estate listed in the separate sheet:

A. On December 17, 2014, between the Defendant and B.

Reasons

1. Facts of recognition;

A. On October 16, 2012, the Plaintiff filed a lawsuit against B with the Cheongju District Court No. 2012Gau4818, and was sentenced to the said court’s judgment that “B shall pay to the Plaintiff the amount of KRW 8,764,200 as well as the amount of KRW 17% per annum from October 25, 2003 to October 12, 2012, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time.

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the deceased C (hereinafter “the deceased”). On November 18, 2014, H, who is the co-inheritors, concluded an agreement on the division of inherited property on December 17, 2014, with the content that the Defendant would independently inherit each of the instant real estate (hereinafter “instant agreement on the division of inherited property”), and accordingly, on December 17, 2014, the order 1-B, which was issued by the Defendant for inheritance due to the inheritance by the future division.

The registration of ownership transfer as stated in the subsection (hereinafter referred to as the "registration of ownership transfer of this case") has been completed.

C. B was in excess of the obligation at the time of the instant agreement on the division of inherited property, and there was no particular property among each of the instant real property except for one’s own inheritance shares.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence Nos. 1, and the result of an order issued by the head of the Dong-ju District Tax Office to submit tax information to the head of the Dong-ju Tax Office of this Court, the fact inquiry about the Director of the Korea Credit Information Court of this Court, the purport of the whole pleadings

2. The plaintiff asserted that the agreement on the division of inherited property in this case constitutes a fraudulent act, and thus the agreement on the division of inherited property in this case, which was concluded with respect to the shares in inheritance B among each real estate in this case, shall be revoked, and it shall be restored to its original state.

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