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(영문) 서울남부지방법원 2017.07.06 2016가단239158
사해행위취소
Text

1. As to shares 2/7 of each real estate listed in the separate sheet:

A. On October 19, 2015, between the Defendant and B, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff has a total of KRW 890,538,870 on August 25, 2016, which was the filing date of the instant lawsuit, with respect to B as of August 25, 2016. The details are as follows.

Tax credits of 208-06-06-01, 208-30, 208-1, 2008-6, 46, 210, 875, 860, 208, 170, 208-2, 308-1, 207, 208-2, 308-1, 207, 308-1, 207, 208-1, 207, 208-1, 207, 208-1, 207, 208-3, 207, 208-1, 207, 307, 208-1, 207, 308-1, 207, 308-1, 207, 308-1, 207, 208-1, 3608-1, 28-1, 208.

B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is the real estate owned by C, which was originally owned by B, and C, upon C’s death on September 1, 2015, the Defendant and his/her spouse, and B and D inherited each of their inheritance shares (Defendant 3/7, B, and D2/7). However, the aforementioned inheritors, on October 19, 2015, agreed on the division of inherited property (hereinafter “instant division agreement”) with the purport that the Defendant is to own each of the instant real estate solely, and completed the registration of ownership transfer under the name of the Defendant as of October 22, 2015, by the Seoul Southern Southern District Court’s registration No. 92694, Oct. 22, 2015.

C. B did not have any property other than each of the instant real property at the time of the split-off consultation.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination as to the cause of action

(a)The agreement on the division of the inherited property shall succeed.

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