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(영문) 청주지방법원충주지원 2019.11.27 2019가단2813

사해행위취소 등

Text

1. Of the real estate listed in the separate sheet, 2/23 shares are concluded on November 3, 2018 between the Defendant and Nonparty D.

Reasons

1. Basic facts

A. On October 24, 2003, the Plaintiff received the final credit card payments and loans against Nonparty D, etc. Around that time, the notice of assignment of claims reached D.

The principal and interest of the above bonds are KRW 95,697,810 (=principal KRW 26,004,942 delay damages of KRW 69,692,868) as of July 26, 2019.

B. On November 29, 2007, the Plaintiff filed a lawsuit against Cheongju District Court 2007Kadan1111 against Cheongju District Court. On January 23, 2008, the above court rendered a judgment that "D shall pay to the Plaintiff the amount of KRW 26,004,942, and the amount of KRW 17% per annum from October 25, 2003 to January 15, 2008, and the amount of KRW 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on January 29, 2008.

In order to suspend the extinctive prescription of the above claim, the Plaintiff filed an application against D for a payment order with Chungcheong District Court 2017 tea1396 on September 7, 2017, and the said court issued a payment order (hereinafter referred to as “instant payment order”), stating that “D shall pay to the Plaintiff 17% per annum from October 25, 2003 to January 15, 2008; (20% per annum from September 30, 2015 to September 30, 2015; and (15% per annum from October 1, 2015 to the date of full payment).” The said payment order became final and conclusive on November 24, 2017.

C. The deceased E, who is the father of D (hereinafter “the deceased”), died on November 3, 2018, and on May 13, 2019, the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) was completed as of November 3, 2018 due to the division of inherited property (hereinafter “instant division agreement”) on November 3, 2018 with respect to the real estate listed in the separate sheet, which is inherited property (hereinafter “instant real estate”).

D Inheritance shares are 2/23, and D is in excess of obligations as of the date of the division consultation and the date of the closing of the argument in this case.

grounds for recognition.