beta
(영문) 전주지방법원 2013.12.27 2013가단4380

사해행위취소

Text

1. It was concluded on September 6, 2008 with respect to shares of 2/9 out of the shares of 1/2 of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. (1) On November 26, 2002, the Plaintiff loaned KRW 5,00,000 to B at the interest rate of 13.9% per annum, interest rate of arrears rate of 19% per annum, and due date of repayment of November 26, 2003. (2) However, the Plaintiff did not repay the above loan. However, around July 2007, the Plaintiff filed a lawsuit seeking a loan against B under this Court No. 2007Ga63535, and the same year.

8. 25. 25. This Court received a decision of performance recommendation from this Court stating that “B shall pay to the Plaintiff the amount of KRW 5,730,112 and KRW 4,877,144 per annum from September 24, 2004 to the date of full payment.” The above decision became final and conclusive around that time.

3) As of August 20, 2012, the amount of claims, including the Plaintiff’s delay damages against B, is KRW 9,289,789. (b) 1/2 shares of the real estate listed in the [Attachment B] List (hereinafter “instant real estate”) were owned by C.

C died on September 6, 2008, and at the time there was D, E, and B, the wife, as the wife, as the wife.

2) On September 6, 2008, C’s successors, including B, entered into an agreement on the division of inherited property with the content that the Defendant inherited all up to 6/9 of the inheritance shares of D, E, and B, a child among the 1/2 shares of the instant real estate, up to 6/9. Accordingly, as to the 1/2 shares of the instant real estate, the former District Court received on August 12, 2009 as No. 43622, which received on August 12, 2009, completed the registration of transfer of ownership in the Defendant’s name. 3) at the time of the transfer of ownership

C. 1) Meanwhile, with respect to the instant real estate at the time of the division consultation regarding the instant inherited property at the time of the consultation on division of the inherited property, the right to collateral security (the debtor, the defendant, the National Bank of Korea, and the National Bank of Korea (hereinafter “the instant right to collateral security”).

) The instant right to collateral security was established and revoked on November 11, 201, on the grounds of termination of the right to collateral security, and on the same day, the maximum debt amount of KRW 44,200,000 was 44,200.