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(영문) 서울북부지방법원 2016.06.09 2015가단144195

사해행위취소

Text

1. The inherited property concluded on May 30, 201 with respect to 2/11 shares of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. On October 31, 1996, the Plaintiff took out a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (Seoul Guarantee Insurance Co., Ltd.: hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to guarantee the payment of the above loan obligations.

B. After that, the Plaintiff delayed the payment of the above loans, and the Seoul Guarantee Insurance paid insurance money to the above bank on July 7, 1999 at the request of the above bank 7,191,107.

C. Since then, Seoul Guarantee Insurance filed a lawsuit against B for the claim for reimbursement amount under the Seoul District Court Decision 2001Da1137853, Jun. 19, 2001, and rendered a favorable judgment against B on June 19, 2001 that "the Defendant shall pay to the Plaintiff 7,340,050 won and 7,191,107 won among them, 19% per annum from August 23, 1999 to June 15, 2001, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

On May 13, 2005, the Plaintiff acquired the claim for reimbursement against B from Seoul Guarantee Insurance, and then notified B of the transfer of the above claim.

E. Since then, the Plaintiff filed a lawsuit against B on August 24, 2011 with the Seoul Southern District Court Decision 201Gau122976, and received a favorable judgment from the above court on August 24, 2011 that “the Defendant shall pay the Plaintiff 22,354,686 won and 7,191,107 won with the interest of 17% per annum from April 4, 2011 to the date of full payment.” The above judgment became final and conclusive around that time.

F. Meanwhile, on December 3, 1988, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed in the C future on the grounds of “sale on October 13, 198.” However, upon the death of C on May 30, 2013, C jointly inherited the deceased, who is the Defendant, his/her children, D, E, F, and B, and the said co-inheritors, including B and the Defendant, on May 30, 2013. < Amended by Act No. 11818, May 30, 2013>