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(영문) 대전지방법원 2018.01.16 2017가단212221

사해행위취소

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1. As to shares of 1/4 of 225 square meters in each of the preceding 225 square meters in Geumsan-gun, Chungcheongnam-gun:

A. It was concluded on February 16, 2017 between the Defendant and C, D, and E.

Reasons

1. Basic facts

A. A. Around October 24, 2005, F entered into a guarantee insurance contract with the Plaintiff with a loan of KRW 10 million from the KLA Co., Ltd. (hereinafter “GLA”) on and around October 24, 2005, and on the same day D jointly and severally guaranteed F’s liability for indemnity against the Plaintiff.

Insured workers: The insured worker: the insurance period of KRW 11 million: October 26, 2005 to October 25, 2006.

B. At the time of concluding the above insurance contract with the Plaintiff, if F incurred an insurance accident due to failure of F to fulfill its obligation of loans, the Plaintiff made a substitute payment for the school life life within the insurance coverage amount, F made an agreement that the Plaintiff pay the insurance money paid by the Plaintiff to the Plaintiff and its payment delay damages by 14% per annum for the period exceeding 30 days from the day following the date of payment of insurance money, and by adding delay damages at the rate of overdue interest set by the Plaintiff within the maximum overdue interest rate among the general loan interest rate in commercial banks.

C. F’s default of the obligation of the loan, and on September 4, 2006, the Educational Life Claim the Plaintiff to pay the insurance proceeds under the insurance contract. On September 26, 2006, the Plaintiff subrogated to the Educational Life KRW 10,672,658 on behalf of the Plaintiff.

According to F on April 21, 2006, upon the death of April 21, 2006, the Defendant, C, D, and E jointly inherited F’s property rights and obligations in proportion to 1/4 shares of each of the Defendant, C, D, and E, who were their children. The Defendant, C, D, and E received an inheritance limited approval ruling from Daejeon Family Court 2016 Ma1166.

E. On October 21, 2016, the Plaintiff filed a lawsuit against the Defendant, C, D, and E for recourse amounting to the Daejeon District Court No. 2016 A, D, and E (Extinctive Prescription) No. 2016, the court held that “The Plaintiff is jointly and severally with the Appointed within the scope of the net F’s inherited property” in relation to KRW 28,984,255, and KRW 9,808,843, among them, Defendant A (Appointed Party) (Defendant of this case), Appointed, and E.