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(영문) 서울북부지방법원 2016.12.23 2016가단122413

사해행위취소

Text

1. Defendant A shall pay to the Plaintiff the amount of KRW 2,609,085 and KRW 1,538,43 among them, from March 7, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant A entered into a loan agreement of KRW 3.4 million with the Fair Savings Bank (hereinafter “Fair Savings Bank”) on February 8, 2012, and received a loan from the said Savings Bank; however, Defendant A had a debt of KRW 1,538,433 and overdue interest to the Fair Savings Bank upon delinquency in the repayment of the loan. However, on December 16, 2015, the Plaintiff entered into an agreement on the transfer of the foregoing claim with the Fair Savings Bank and received it, and notified the transfer of the claim to Defendant A on December 29, 2015.

B. The deceased on March 11, 2015, who is the father of the Defendant A (hereinafter “the deceased”), died, and the inheritor was the Defendant A, Nonparty D, E, and F, who is the spouse of the Defendant B, and children.

On June 12, 2015, the deceased’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with respect to the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”). Accordingly, Defendant B completed the registration of ownership transfer in the sole name of the instant real estate due to the instant division agreement as of March 11, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 8 to 11, and the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant A and the aforementioned macroscopic evidence, Defendant A is obligated to pay to the Plaintiff, the assignee of the obligation, the total amount of principal and interest on the loan (i.e., 2,609,085 won (i.e., 1,070,652 won for delay calculated at the rate of 39% per annum from December 1, 2015 to March 6, 2016) plus damages for delay calculated at the rate of 39% per annum from March 7, 2016 to the date of full payment.

3. Determination as to the claim against the defendant B