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(영문) 인천지방법원 2017.06.13 2016가단237935

사해행위취소

Text

1. The part against Defendant A among the instant lawsuit is dismissed.

2. 2/9 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s transfer money claim 1) Nonparty A, Inc., Ltd., Ltd., Ltd. (hereinafter “Nonindicted Bank”).

(2) On October 13, 2013, the Plaintiff entered into a loan agreement with Defendant A on the terms of KRW 10,000,000, the loan period of KRW 60,000, the loan interest rate of KRW 34.9% per annum, respectively. (2) On February 16, 2015, the Plaintiff entered into an agreement on the transfer of the claim against Defendant A of the Nonparty Bank on the loan claim with Defendant A, and the Nonparty bank notified the Defendant A of the fact of the transfer of the claim on March 5, 2015.

3) As of July 6, 2016, Defendant A’s above loan obligation remains 7,511,149 won (2,819,122 won) in total from February 1, 2015 to July 6, 2016 (2,819,69,692 won) as of July 6, 2016. (b) Nonparty A, the father of Defendant A, died on August 23, 2015. At the time of the division of inherited property, Nonparty A, the father of Defendant A, died on August 23, 2015. At that time, Defendant A, Nonparty D, the spouse of Defendant B, Defendant D, and E were the deceased.

2) Real estate listed in the separate sheet (hereinafter “instant real estate”)

On August 23, 2015, the registration of transfer of ownership was completed in the name of Defendant B as the registration office of the Incheon District Court on September 21, 2015, which was received on September 21, 2015 (hereinafter “instant agreement on division of inherited property”). The date of preparation of the written agreement on division of inherited property submitted at the time of the said application for registration is indicated as September 16, 2014 (Provided, That in light of the date of death and the date of registration of Nonparty C, who is the decedent, the decedent, it appears to be a clerical error as of September 16, 2015.

C. At the time of the agreement on the division of the instant inherited property, Defendant A was in excess of his/her liability.

2) On the other hand, on May 18, 2016, Defendant A applied for credit recovery support to the Credit Counseling and Recovery Service, including the amount of debt transferred to the Plaintiff, and repaid the amount of debt adjustment every month upon obtaining approval for credit recovery. 【The fact that there is no dispute over grounds for recognition, evidence A, and Party A.