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(영문) 서울중앙지방법원 2019.11.05 2017가단5216748

사해행위취소

Text

1. As to the portion of 1/5 of each of the respective real estate listed in the separate sheet between the defendant and B, it was concluded on October 20, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established under the Regional Credit Guarantee Foundation Act with the aim of facilitating its financing and contributing to the revitalization of the local economy by establishing a sound credit order by guaranteeing obligations to micro enterprises and small enterprises located in Jeollabuk-do.

B. The Defendant is a child of net F along with B, C, D, and E.

B entered into a credit guarantee agreement with the Plaintiff in 2009 with the following contents (hereinafter “instant credit guarantee agreement”), and obtained a credit guarantee agreement from the Plaintiff, thereby obtaining a special credit guarantee loan (hereinafter “instant loan”).

Matters concerning the change in terms of the loan amount of the GB Bank from November 13, 2009 to November 11, 2014, the guarantee amount of the loan amount of KRW 7,000,000,000 as the joint and several surety of the principal debtor B, the guarantee amount of the loan amount of KRW 7,00,000.

C. On September 22, 2014, a credit guarantee accident occurred against B.

On November 27, 2014, the Plaintiff subrogated for the instant loan to the G Association.

On January 24, 2017, the Plaintiff was issued a payment order for the amount of KRW 7,124,670, and KRW 7,121,80 from November 27, 2014 to January 26, 2017 with respect to KRW 7,124,670, and KRW 7,121,80, the Plaintiff paid damages for delay calculated at the rate of 12% per annum from the next day to the date of full payment, which became final and conclusive around that time.

On the other hand, each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned by the networkF since 1994.

As the networkF died in 2015, B entered into a division between the deceased F Co-inheritors, including the Defendant, and the Defendant’s sole inheritance of each of the instant real estate (hereinafter “instant inherited property division”) in excess of the debt on October 20, 2015.

On April 1, 2016, the Defendant received the Consolidated District Court registry office due to inheritance through the agreement on division of the inherited property of this case.