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(영문) 광주지방법원 2020.02.13 2019가단2358

사해행위취소

Text

1. The plaintiff's claim and the plaintiff's successor's claim are all dismissed.

2. The costs of litigation are assessed against the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim relation 1) G sets the interest rate of delayed compensation rate of KRW 2,00,000 as 19% per annum from H Bank on May 18, 2002, G bears the principal and interest payment obligation to H Bank by delaying repayment of principal and interest (hereinafter “the principal and interest payment obligation of this case”).

(2) Around October 28, 2002, the instant claim for the principal and interest of loan was transferred to the Korea Asset Management Corporation. On September 18, 2012, the Plaintiff was transferred from the Korea Asset Management Corporation, and the said assignment of loan was notified to G.

3) Meanwhile, on April 30, 2007, the Korea Asset Management Corporation filed a lawsuit for the claim for the amount of the loan with the Gwangju District Court 2007Gapo113075, and the judgment in favor of the Korea Asset Management Corporation became final and conclusive September 20, 2007. 4) On March 16, 2017, the Plaintiff to whom the principal and interest of the loan of this case were transferred filed an application for the payment order for the amount of the loan of this case with the Gwangju District Court 2017Ka1983, and the above court issued the payment order with the purport that “G shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from March 15, 2007 to the date of full payment,” and the above payment order became final and conclusive at that time.

5) On August 8, 2019, while the instant lawsuit is pending, the Plaintiff transferred the said claim to the Intervenor succeeding to the Plaintiff, and the assignment of the said claim was notified G. B. On February 12, 2017, G (hereinafter “the deceased”) died on February 12, 2017 from the current status of the right to the instant real estate and the attached I (hereinafter “the deceased”) of G’s agreement on the division of inherited property between G and the Defendant. Before the deceased’s death, the J-based Limited Company (hereinafter “J”), a creditor of the deceased, filed an application for commencement of compulsory auction on the basis of the claim for the principal and interest of KRW 50 million, and was issued on February 6, 2017.

2) After the death of the deceased, the real estate listed in the attached Table (hereinafter referred to as “the real estate”) on March 14, 2017, which was owned by the deceased, between K, G, L, and the Defendant, who is co-inheritors of the deceased.