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(영문) 서울중앙지방법원 2019.04.09 2017나88949

사해행위취소

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Article 1 of the judgment of the court of first instance

Reasons

1. Basic facts

A. 1) Transfer and takeover of bonds E Co., Ltd. (hereinafter “E”).

G Co., Ltd. (hereinafter “G”) on September 26, 2003

(2) On November 15, 2011, G transferred the credit card payment claim of KRW 2,213,059 to D, and on November 3, 2003, G transferred the credit card payment claim of KRW 2,213,059 to D by content-proof mail. On June 15, 2011, the Plaintiff transferred the credit card payment claim of KRW 10,428,603 to D by content-proof mail. The Plaintiff was delegated with the authority to notify the assignment of the credit claim of KRW 15,00 to D and the Plaintiff was sent to D by content-proof mail. 2) On December 30, 2003, F Co., Ltd (hereinafter “F”) transferred F’s credit card payment claim of KRW 10,428,603 to G, and H Co., Ltd transferred the credit card payment claim to H Co., Ltd. on June 15, 201; and H Co., Ltd, to I in sequence to the Plaintiff on January 21, 2014.

(hereinafter referred to as the “instant claim for acquisition money”). B.

D The deceased on November 16, 2015 (hereinafter “the deceased”) died, and M, D, N, and Defendant B were co-inheritors, who are the wife of J, and their children. On March 29, 2016, D completed the registration of the ownership transfer of each of the Defendants’ names under the name of the Defendants under the name of the said co-inheritors and the instant first real estate owned by Defendant B, as the sole ownership of Defendant B, and as the instant first real estate owned by Defendant C (hereinafter “instant division agreement”), D’s inheritance shares were 2/11) with respect to each of the instant real estate on that ground. < Amended by Act No. 7516, Mar. 30, 2016; Act No. 7517, Mar. 30, 2016>

C. D: (i) KRW 28,73,876 as of the date of the date of the instant split-off agreement (i.e., KRW 12,641,662, Oct. 4, 2007, calculated by the rate of 15% per annum from October 29, 2016, which is the date of the instant split-off agreement, until March 29, 2016).