beta
(영문) 서울북부지방법원 2018.05.11 2017가단121530

사해행위취소

Text

1. It was concluded on July 21, 2016 between B and the Defendant as to shares in 2/9 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. One Capital Co., Ltd. loaned KRW 7,00,000,000 to B on January 6, 2011, and KRW 15,000,000 on March 25, 2010. The above loans claims were transferred in sequence to the company Esp loans, Esp property management loan limited liability company, and the Plaintiff.

The Plaintiff filed an application against B for a payment order with Seoul Northern District Court 2017 tea3976, and on February 7, 2017, the said court ordered B to “B shall pay to the Plaintiff 14,174,028 won and 5,406,325 won with 20% interest per annum from January 7, 2017 to the date of full payment.”

B. The Hyundai Swiss Savings Bank Co., Ltd. loaned KRW 20,000,000 to B on October 20, 2010, and KRW 6,000,000 on December 13, 2010. The above loan claims were transferred in sequence to the Plaintiff, Espon loans, Espon loans, Espon assets management limited liability company, and the Plaintiff.

The Plaintiff filed a lawsuit against B against the Seoul Northern District Court 2017Gau471987. On September 27, 2017, the said court rendered a judgment that “B shall pay to the Plaintiff 25,810,927 won and 6,863,560 won with 39% interest per annum from March 9, 2017 to the date of complete payment,” and the said judgment became final and conclusive around that time.

C. Section B died on December 1, 2015 while owning each real estate listed in the separate sheet (hereinafter “instant real estate”).

D’s successors were the Defendant and their children, the spouse, B, E, and F. D.

On July 21, 2016, C’s inheritors agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) to the effect that the instant real estate is owned solely by the Defendant.

Accordingly, on July 21, 2016, the Daejeon District Court received on July 21, 2016, No. 67844, and the registration of transfer of ownership in the name of the defendant was completed due to inheritance due to the division in consultation on December 1, 2015.

E. B, as of July 21, 2016, bears each of the above obligations against the Plaintiff.