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(영문) 대전지방법원 2018.09.11 2018가단202863

사해행위취소

Text

1. The Defendant and B concluded on July 18, 2014 regarding the 1/5 shares of Seo-gu Daejeon Apartment No. 203, 1306.

Reasons

1. Facts of recognition;

A. On June 11, 2009, the Seoul Central District Court Decision 2009Da1322565 decided that “B and D shall jointly pay to the Promotion Mutual Savings Bank Co., Ltd. 36,630,348 won and 12,985,92 won among them, 19% per annum from June 12, 2008 to June 10, 2009, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

On July 20, 201, a promotion mutual savings bank, transferred the above judgment claim to the Plaintiff, and notified the transfer to B around that time.

B. On July 18, 2014, B, who had already been in excess of his/her obligation, donated 1/5 shares of the 1/5th of the Seo-gu Daejeon Apartment No. 203 Dong 1306 (hereinafter “instant real property”) inherited from the Defendant, his/her sole property, to the Defendant (hereinafter “the instant fraudulent act”), and completed the registration of ownership transfer as to the said shares.

C. On December 20, 1996, the establishment registration of a mortgage consisting of the obligor’s network E, the National Bank Co., Ltd. (hereinafter “the first collateral mortgage”), the maximum debt amount of 13 million won on October 7, 1997, and the establishment registration of a mortgage consisting of the obligor’s network E, and the life insurance company for the mortgagee of the instant real estate (hereinafter “second collateral mortgage”) was completed on April 23, 2014 with respect to the share of B, and the attachment registration was completed on July 21, 2014, which became the right holder of the National Health Insurance Corporation on April 23, 2014. Since the instant fraudulent act, the said attachment registration was revoked on July 21, 2014, and on July 29, 2014, the second collateral mortgage was revoked.

[Reasons for Recognition] Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. Determination

A. In the instant case where the first, second and second collateral mortgages and seizures, etc. established on the instant real property, were cancelled after the instant fraudulent act, each of the above values of the real property.