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(영문) 대구지방법원 2015.05.27 2014나21975

사해행위취소 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B entered into a loan transaction agreement with Korean bank on June 30, 2006 at the rate of 149,000,000 per annum, but did not repay obligations under the agreement.

B. Since then, the Korean bank, Korea, a limited liability company specializing in the 11-backed securitization, Korea, a limited liability company specializing in the 11-backed securitization of Korea, and a more B, a more B, a limited liability company specializing in the 11-backed securitization of the 11-backed securitization, and the Plaintiff, and the Plaintiff, a more B, a corporation

C. From May 30, 2014, the above court rendered a judgment against B that “the Defendant shall pay to the Plaintiff 129,709,901 won and 99,000,000 won among them, 19% per annum from June 1, 2013 to December 21, 2013, and 20% per annum from the next day to the day of full payment” (Seoul Central District Court 2014Gahap516029), and the above judgment became final and conclusive on June 17, 2014.

On the other hand, C, the father of B, owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), died on October 31, 2013, and jointly succeeded to D, E, F, B, and G network C, the Defendant and his children, who are the wife of C, and the statutory inheritance shares of B are 2/13.

E. On October 31, 2013, the co-inheritors including the Defendant, etc. entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that ownership of each of the instant real property is transferred to the Defendant, and the Defendant completed each registration on the transfer of ownership as stated in the purport of the claim (hereinafter “instant registration on the transfer of ownership”).

F. B had already been in excess of obligations at the time of the instant agreement on division of inherited property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The agreement on division of the inherited property by fraudulent act and by will of murder shall commence.