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(영문) 수원지방법원성남지원 2015.10.30 2014가단222694

사해행위취소

Text

1. As to shares of 2/15 of each of the real estate listed in the separate sheet Nos. 1 and 3 between the Defendant and B, the separate sheet.

Reasons

1. Facts of recognition;

A. 1) Hyundai Switzerland IV Savings Bank (hereafter, “SBA 4 Savings Bank”) was changed to that of Hyundai Switzerland IV Savings Bank

Around December 31, 2009, C (the representative B; hereinafter referred to as “B”) is a stock company.

(B) The credit transaction agreement with the credit amount of KRW 2,250,000,000 was concluded, and B entered into a joint and several guarantee agreement with respect to the above loan obligations (hereinafter “instant loan agreement”).

(2) On December 27, 2013, the Plaintiff (Withdrawal) acquired the instant loan claim from the said Savings Bank and notified it to B. On November 24, 2014, the Plaintiff (Withdrawal) re-transfered the instant loan claim to the Intervenor’s successor, and on February 29, 2015, the Plaintiff’s successor notified the Plaintiff’s successor to the loan claim to B.

3) The principal and interest of the instant loan, which was settled as of August 28, 2014, is KRW 4,182,586,573. B’s disposal 1) B B, D (hereinafter “the deceased”) was dead on January 26, 2011. At the time of death, only 388/421 shares of the real estate listed in the separate sheet Nos. 1 and 2 as stated in the separate sheet Nos. 1 and 3 as of the date of death (hereinafter “the instant inherited property”), Defendant E, F, G, H, I, and B jointly inherited the same.

2) On January 26, 2011, the deceased’s successors agree on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that the remaining successors, including B’s inheritance shares (2/15), shall vest in the Defendant with respect to each of the instant real property (hereinafter “instant agreement on division of inherited property”).

(3) On February 26, 2014, the Defendant completed the registration of transfer of ownership based on the agreement on division of the inherited property of this case as heading 12591 of Suwon District Court's Sung-nam Branch, Sung-nam Branch, Gwangju District Court's receipt of February 26, 2014

C. Insolvent B, at the time of the agreement on the division of the instant inherited property, did not have any other property except for the inheritance shares of 2/15 regarding the instant inherited property at the time of the agreement on the division of the instant inherited property, and the small property was in an insolvent condition exceeding the active property