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(영문) 서울중앙지방법원 2016.08.25 2015나60213

사해행위취소 등 청구의 소

Text

1.The judgment of the first instance shall be modified as follows:

2. 2. Of the real estate listed in the separate sheet between the Defendant and Nonparty B.

Reasons

1. Facts of recognition;

가. 원고는 2005. 5.경 B의 남편 K가 대표이사로 있던 주식회사 C(이하, 소외 회사라고 한다)과 사이에, 소외 회사가 피보험자 주식회사 한국존슨앤드존슨과 체결한 대리점거래약정에 따라 부담하게 되는 외상물품대금 채무 등을 보증하는 내용의 보증보험계약을 체결하였고, 당시 B은 위 보증보험계약에 따라 소외 회사가 원고에게 부담하는 채무를 연대보증하였다.

나. 원고는 2006. 6. 23. 주식회사 한국존슨앤드존슨에 위 보증보험계약에 따라 보험금 10,000,000원을 지급하였다.

C. The Plaintiff filed a lawsuit against Nonparty Company and B with the Seoul Central District Court Decision 201Da1049610, Jan. 31, 2011, the Plaintiff filed a claim for reimbursement with the Seoul Central District Court. On January 31, 2011, the Plaintiff rendered a decision of performance recommendation that “The Nonparty Company and B jointly filed a claim for reimbursement with the Plaintiff for KRW 18,59,452 and KRW 10,000,000 from January 1, 2011 until September 7, 2011, the final delivery date of the copy of the instant complaint, and KRW 20% per annum from the next day to the date of full payment.” The decision of performance recommendation was finalized as is because the parties did not raise any objection.

Attached Form

Each real estate listed in the list (hereinafter referred to as the “instant real estate”) was owned by D. D was deceased on January 31, 2010, and D was owned by co-inheritors, and there was F (3/15 shares) and children, who were the spouse, and B, G, H, I, J, and Defendant (2/15 shares, respectively).

E. On August 16, 2010, all of the network D co-inheritors, including B and the Defendant, entered into an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”) with the Defendant solely owned the instant real property, which is inherited property. On September 1, 2010, the registration of transfer of ownership was completed to the Defendant on the ground of the agreement on division of inherited property of this case.

F. B, at the time of the division consultation of the instant inherited property, the inheritance shares of the instant real estate were practically the sole active property, and on the other hand, the instant real estate.