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(영문) 서울중앙지방법원 2015.12.09 2015가단5165723

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is a joint and several surety company B (hereinafter “foreign company”).

The Daejeon District Court applied for the payment order against the non-party company B and the non-party company B as the Daejeon District Court 2010 tea 11616. On December 7, 2010, Daejeon District Court issued an order to pay 18% per annum from April 12, 2000 to November 12, 2001; 25% per annum from the next day to the date of full payment; the payment order became final and conclusive on December 28, 2010. The amount of the loan guaranteed to the non-party company B and the remainder of the performance bond guaranteed to the non-party company 1 TM-197,387, and 7,645,870, and the amount of the loan guaranteed to the non-party company and the non-party company 25% per annum from the next day to the date of full payment (the amount guaranteed to the non-party company 30% per annum 1197-197,970,6306,701,70.70.

B. C, the wife of B, died on May 28, 201, and the heir died on May 28, 2011, as well as B, there was a defendant and D, who is his/her father. 2) As to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C (hereinafter “instant real estate”), the registration of ownership transfer was completed on August 26, 201 by the Seoul Central District Court’s receipt as the Seoul Central District Court’s registration No. 43513, May 28, 2011, due to inheritance by agreement and division as of May 28, 2011.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination of the parties' arguments

A. The main purport of the assertion is that “B, while having exceeded its obligation, has agreed on the division of inherited property with the content of giving up the 3/7 inheritance shares on the instant real estate, which is its sole property with the Defendant, with the Defendant, and thus, the agreement on the division of inherited property should be revoked, and the Defendant shall be revoked on 3/7.