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(영문) 수원지방법원성남지원 2017.11.15 2017가단5821

사해행위취소 등

Text

1. The inherited property concluded on July 26, 2016 with respect to 2/7 shares of the building indicated in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. On October 28, 2002, the Korea Asset Management Corporation acquired each of the claims for loans to B from Dae-gu Mutual Savings Bank and Dau Mutual Savings Bank Co., Ltd., and on September 18, 2012, the Plaintiff acquired the respective claims for loans from the Korea Asset Management Corporation.

(hereinafter the Korea Asset Management Corporation and each of the above loans that the Plaintiff acquired in succession are referred to as “the claim of this case”). (b)

On the other hand, on April 26, 2006, the Korea Asset Management Corporation filed a lawsuit against B seeking the payment of the transfer amount of this case with respect to KRW 47,573,740 and KRW 5,00,00 among them, 29% per annum from January 1, 2006 to the date of full payment, 17,675,386 per annum from January 1, 2006 to the date of full payment, 25% per annum from January 1, 2006 to the date of full payment, 2,171,863 won per annum from January 1, 2006 to the date of full payment, 24% per annum from January 1, 206 to the date of full payment, 1,624,898 won, and 20% per annum from January 1, 206 to the date of full payment (Seoul District Court Decision 206Da27686, Jun. 27, 2006).

C. In order to prevent the completion of the statute of limitations for the instant claim, the Plaintiff issued a payment order with respect to KRW 8,398,525, and KRW 2,171,863, May 9, 2016, to the Plaintiff, with respect to KRW 24% per annum from January 1, 2006 to the date of full payment, and KRW 1,624,898, with respect to KRW 20% per annum from January 1, 2006 to the date of full payment. (Seoul Central District Court No. 2016 tea18735, hereinafter “instant payment order”), and the instant payment order was finalized on June 14, 2016.

B’s denial C (hereinafter “the deceased”) died on or around July 2016, and the Defendant and children, the wife of the deceased, B, and D, on July 26, 2016, are the buildings indicated in the attached list that were owned by the deceased (hereinafter “instant building”).