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(영문) 서울북부지방법원 2015.09.02 2014가단48665

사해행위취소

Text

1. As to the shares of 2/11 of each of the real estate listed in the separate sheet between the Defendant and B, it was concluded on August 14, 2014.

Reasons

1. Facts of recognition;

A. On January 9, 2007, the Korea Exchange Bank transferred the incidental claims, such as the principal amount of loans, KRW 3,045,302, interest thereon, and delay damages, which it held against B, to the social company of the same dynamics, and notified B of the above assignment of claims on February 20, 207.

B. On December 2, 2011, the Seoul Central District Court rendered a favorable judgment against B to the effect that “B shall pay to the Plaintiff the amount of KRW 5,972,690 and KRW 3,045,302 per annum from December 1, 2007 to the day of full payment,” and the above judgment became final and conclusive on January 4, 2008.

C. On November 1, 2010, the Korea Social Co., Ltd. transferred the above claim against B to the Plaintiff on November 1, 2010, and notified B of the transfer of the above claim on November 9, 2010.

Meanwhile, as the mother C (hereinafter “the deceased”) died, on August 14, 2014, the husband D (the heir 3/11 shares in inheritance), the Defendant, E, F, and A (the heir 2/11 shares in inheritance) entered into an agreement on division of inherited property (the “instant real estate”) with the content that each real estate listed in the separate sheet will vest in the Defendant (the “instant real estate”) on August 14, 2014. Accordingly, the Seoul Northern District Court’s Dongdaemun District Court’s registration office was received on October 7, 2014, and completed the registration of ownership transfer in the future of the Defendant on the ground of the instant agreement on division.

E. At the time of the consultation and division contract of this case, the current market price of the instant real estate is 210,000,000 won recognized by the Defendant in the preparatory document dated May 29, 2015. At the time of the consultation and division contract of this case, as of the time of the consultation and division contract of this case, the fixed date of the lessee deposit amount of the object of preferential repayment under the Housing Lease Protection Act (as of May 9, 2009) of the lease contract of the object of preferential repayment under the Housing Lease Protection Act shall be increased to KRW 60,00,000 from G (50,000) on August 19, 201 (as of July 3, 2009).