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(영문) 서울북부지방법원 2017.01.24 2015가단144461

사해행위취소

Text

1. It was concluded on January 29, 2012 with respect to the portion of 1/5 out of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. On Jan. 18, 2007, Taegangco Ltd. entered into a loan agreement that is repeatedly possible within the scope of KRW 5 million (the first limit of KRW 2.5 million; hereinafter “instant loan”) with the loan interest rate of KRW 5.5% per annum, and the loan interest rate of KRW 66% per annum. B lost its profits due to delinquency in paying the principal and interest of the above loan, and on Sept. 30, 2008, L&C Trade Co., Ltd acquired its loan claim.

B. On June 19, 2014, the Plaintiff acquired the above loan claims from ELP Co., Ltd., Ltd., and on April 24, 2015, the Plaintiff filed a lawsuit claiming acquisition of the loan claims against B pursuant to Seoul Northern District Court 2015Da287676, Jul. 16, 2015, and rendered a judgment that “B shall pay to the Plaintiff the amount calculated at the rate of 48.96% per annum from September 26, 2014 to the date of complete payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

On the other hand, as of November 18, 2015, the above judgment amounting to KRW 11,380,866.

C. On February 22, 2008, the Defendant and B’s mother C (hereinafter “C”) purchased real estate listed in the separate sheet (hereinafter “instant apartment”) and completed the registration of ownership transfer in its name with respect to the instant apartment on March 14, 2008.

After that, C died on January 19, 2012, and five persons, including the Defendant and B, who are children, jointly inherited C's property in shares of 1/5.

As between January 19, 2012 and B, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) under which the inheritance shares (1/5 shares, hereinafter referred to as “instant shares”) from B among the instant apartment buildings are acquired from B, and completed the registration of transfer of ownership in its name with respect to the instant shares under the name of the Gwangju District Court No. 943 on January 30, 2012.

E. At the time of entering into the instant division contract, the market price of the instant apartment is 88.