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(영문) 서울중앙지방법원 2016.01.27 2015가단165421

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 14, 2008, the Korea Overseas Bank Co., Ltd. (hereinafter “Korea Overseas Bank”) granted a loan of KRW 50 million to E, but after which E lost its benefit, as of September 4, 2015, the principal and interest of the loan as of September 4, 2015 were KRW 88,765,091 ( principal and interest of KRW 50,000,000, interest of KRW 2,847,283, interest interest of KRW 35,917,80, interest of KRW 35,917,80, interest of KRW 19% per annum.

B. On November 24, 2011, the said bank transferred the claim for the instant loan to the Plaintiff, and notified the transfer of the claim to E on January 5, 2012.

C. As the network F, his father, died on November 11, 2014, E and the Defendants, as co-inheritors, succeeded to the real estate 1 and 2 as indicated in the separate sheet, and three parcels of land as indicated in the separate sheet, Defendant A independently succeeds to the real estate 3 as indicated in the separate sheet, seven parcels of land, and two buildings, respectively, in proportion to 1/4, and E jointly succeeds to the inherited property division agreement (hereinafter “instant agreement on the division of inherited property”).

Accordingly, with respect to the real estate listed in the separate sheet 1 and 2, the registration of ownership transfer made on January 27, 2015 by Defendant A as Busan District Court receipt No. 2966, Nov. 11, 2014; Defendant B, as Defendant B’s receipt of the same court receipt No. 11428, Apr. 8, 2015; the Defendants filed a report of renunciation of inheritance on January 27, 2015 with respect to each of 1/4 shares among 3 real estate listed in the separate sheet 9035, Nov. 11, 2014, each registration of ownership transfer made on January 27, 2015 due to inheritance by consultation division; and E filed a report of renunciation of inheritance with the Busan Family Court Decision No. 2015Mo350, Jan. 27, 2015.

3.9. has been accepted.

[Reasons for Recognition] Gap's evidence 1 to 4, Eul's evidence 1, 2, and 3, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff acquired the instant loan claim against E, and that the Plaintiff is insolvent.