logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.13 2014가단138576
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 17, 2008, the Plaintiff filed a claim for the use of the card against B (U.S. District Court Decision 2007Gau343814) to the effect that “B shall pay to the Plaintiff 17,134,642 won and 12,703,202 won which are calculated at the rate of 25% per annum from May 18, 2007 to the date of full payment.” The above judgment became final and conclusive on July 15, 2008.

B. C, on October 18, 2012, who owned each real estate listed in the separate sheet, died on October 18, 2012. At the time of death, there were E (legal shares of inheritance 3/20) and F (legal shares of inheritance 2/20) (legal shares of inheritance 5/20) who were children of H, the Defendant, B, and the deceased (legal shares of inheritance 5/20).

C. The deceased’s heir held a separate ownership of the real estate listed in the [Attachment No. 1] list (hereinafter “the apartment of this case”) with respect to the deceased’s inherited property as follows (hereinafter “instant separate agreement”).

- Contents of the division consultation of this case

1. The defendant inherited the apartment of this case.

2. The real estate listed in the separate sheet Nos. 2 (hereinafter “instant land”) succeeds to the said shares by H(1/3), the Defendant (1/3), E(1/5), and F(2/15).

3. B shall succeed to financial assets, such as buildings not registered on the ground of the former Hamyeong-gun G and the deposit of the Nonghyup Bank.

On February 24, 2014, according to the Plaintiff’s subrogation application, the registration of transfer of ownership in the name of co-inheritors by statutory shares in inheritance due to each inheritance was completed in the name of co-inheritors, and on March 5, 2014, the registration of change of ownership in the name of the Defendant alone was completed on October 18, 2012 due to the inheritance due to the division agreement in the instant case.

On March 5, 2014, according to the division agreement of this case on the land of this case, the registration of transfer of ownership in the name of H, Defendant, E, and F was completed for the following reasons.

E. At the time of the instant division consultation, B was in excess of the obligation, and was inherited from the network C.

arrow