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(영문) 창원지방법원진주지원 2020.08.12 2020가단33373

사해행위취소

Text

1. It was concluded on July 2, 2017 with respect to each share of 2/13 among the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) D Co., Ltd. borrowed KRW 4,900,00,000 from the Industrial Bank of Korea on May 19, 2009, and C guaranteed the repayment of the above loan within the limit of KRW 1,00,000. 2) D Co., Ltd did not pay the principal and interest, etc., thereby losing the benefit of the above loan. The Plaintiff ultimately acquired the above loan claim.

The above loans were transferred in order of the Plaintiff in Bank M&E Co., Ltd.

3) E Co., Ltd. that assigned the above loan claim to the Plaintiff is a joint and several surety, such as D Co., Ltd. and FC, with the Gwangju District Court 2018Gahap545. The above court filed a lawsuit against C. The above court decided on September 26, 2019 that “the Defendant refers to D Co., Ltd., F, and C., jointly and severally. The Intervenor succeeding the Plaintiff refers to the Plaintiff of this case. The Plaintiff shall be jointly and severally paid damages for delay of KRW 1,68,108,740, out of KRW 100,000,000, and KRW c shall be paid within the limit of KRW 1,000,000,000, which was finalized on October 16, 2019.

C. The defendant's legal share of inheritance C as co-inheritors is 2/13.

2) On July 2, 2017, co-inheritors agreed on the division of inherited property with the content of the Defendant’s sole inheritance of the instant real estate (hereinafter “instant agreement on division of inherited property”).

(2) On August 24, 2017, the Defendant completed the registration of ownership transfer on July 2, 2017 with respect to the instant real estate on the grounds of inheritance by consultation and division (hereinafter “instant registration of ownership transfer”).

C. C. The division of the inherited property of this case is agreed upon by C.