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(영문) 대구지방법원 2015.12.23 2015가단8497

사해행위취소

Text

1. The Defendants and C shall consult on the division of inherited property concluded on November 2, 2010 with respect to the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C is the Samsung Card Co., Ltd. (hereinafter “Masung Card”).

(2) Around October 24, 2003, ELD Securities Co., Ltd. concluded an asset transfer agreement with Samsung Card and transferred its bonds and the rights incidental thereto to the Plaintiff on the same day. On the same day, the Plaintiff notified C of the transfer of the said claim. (2) Around November 7, 2008, the Plaintiff filed a suit against C for the claim for the transfer of the claim against C as the Daegu District Court Decision 2008Ga3256555.

On May 28, 2009, the above court rendered a judgment that "C shall pay to the Plaintiff 18,606,711 won and interest thereon at the rate of 17% per annum from October 25, 2003 to April 14, 2009, and 20% per annum from the next day to the day of full payment." The judgment became final and conclusive on June 17, 2009.

3) Around February 13, 2015, the sum of the principal and interest of the Plaintiff’s claim against C as of February 13, 2015 is KRW 54,397,866 (= principal KRW 18,606,711 delay damages). (b) The network D (hereinafter “the deceased”) where the owner of the building listed in the attached Table (hereinafter “instant building”) was killed on November 2, 2010.

As the inheritor of the deceased, there are Defendants A and B, E, and C, the wife, and their children.

2) The Defendants’ inheritance by agreement and division on November 2, 2010 (hereinafter “instant division agreement”) refers to the inheritance by agreement and division.

(C) On January 24, 2011, upon the instant building’s cause, C completed the registration of ownership transfer as to each one-half portion of the instant building. C’s property status 1) At the time of the instant division consultation, C did not own any property other than the part inherited from the Deceased.

2) C is equivalent to KRW 21,267,00 in total (=16,714,000 won) 2,129,000 won in total, and KRW 2,424,00 in respect of SBI Savings Bank in addition to the Plaintiff’s debt to the Plaintiff at the time.