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(영문) 창원지방법원 마산지원 2018.04.26 2017가단105138

사해행위취소

Text

1. Defendant B, C, and D shall within the scope of their respective net F (G) property inherited from the Plaintiff, each of which is KRW 3,794,486, as well as the Plaintiff.

Reasons

1. As to the plaintiff's claim against the defendant B, C, and D

A. The following facts are recognized as being comprehensively considered in Gap evidence Nos. 1 to 4, and Eul evidence No. 1, or there is no dispute between the parties.

1) Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”)

) The net F (hereinafter referred to as “the network”) shall be:

(1) On January 18, 201, KRW 4,00,000 and interest rate of KRW 39% per annum (hereinafter “the first loan”) were granted to the Defendant as follows.

(2) 2.2,00,000 won and interest rate of 38.9% per annum on February 23, 2012 (hereinafter “the second loan”).

(3) On May 18, 2012, KRW 1,00,000, interest rate of KRW 38.9% per annum (hereinafter “third loan”). The first and third loans of this case are “each of the instant loans”.

(2) On April 29, 2016, the Korea Savings Bank transferred to the Plaintiff all the principal and interest claims of the instant loan, and the balance of each of the instant loan principal and interest claims remaining as of April 17, 2017 is as follows.

① The Deceased died on July 9, 2017, and the Defendant B, C, and D (hereinafter “Defendant B, etc.”) (hereinafter “Defendant B, etc.”) died on July 9, 2017. < Amended by Act No. 1,927, Jan. 1, 2017; Act No. 15541, Jul. 9, 2017; Act No. 1513, Dec. 1, 2017; Act No. 1514, Dec. 23, 2017; Act No. 15084, Mar. 2, 2011>

(B) On November 2, 2017, the report was accepted on November 2, 2017, after inheritance of the deceased’s property one-third by one-third, and reporting the inheritance to the court, and on November 2, 2017, the report was accepted (Cunwon District Court Decision 2017 Ma193 Na

Judgment

Comprehensively taking account of the above facts, three parties, including Defendant B, etc., who were the inheritor of the deceased and received the report of inheritance-limited approval, are obligated to pay the principal and interest of each of the loans of this case to the Plaintiff who acquired each of the loans of this case from the Korea Savings Bank within the scope of the property inherited from

C. According to the theory of resolution, three parties, including Defendant B, etc., are entitled to inherit from the deceased.