beta
(영문) 대구지방법원 2017.11.17 2017가단111410

사해행위취소

Text

1.(a)

On March 5, 2014, it was concluded on March 5, 2014 with respect to the 2/11 shares of the real estate listed in the attached list between Nonparty C and Defendant A.

Reasons

1. Basic facts

A. On November 16, 2010, the Plaintiff’s claim 1) Han Capital Co., Ltd. lent 6 million won to C with a redemption period of 24 months, applicable interest rate of 29% per annum, and 39% per annum. The loan claims were transferred to the Plaintiff on November 23, 2015 via Esp loan Co., Ltd. and Esp property management loan limited liability company. (2) The Plaintiff filed an application with the Seoul Northern District Court 2016 tea and 46791 for a payment order (hereinafter “the Plaintiff’s claim against C”) seeking the payment of the acquisition money (hereinafter “the Plaintiff’s claim for the acquisition money”). On November 8, 2016, the payment order C received the payment order with the Plaintiff at the rate of 6,491,98 won and the above amount of KRW 4,645,90 per annum from 2010 to 30% per annum 16,290.

3) As of April 10, 2017, the instant claim for acquisition money remains in total of KRW 4,645,290 and interest and expenses, as of KRW 7,296,394. B. As of the division of inherited property, the deceased on November 20, 2013 (hereinafter “the deceased”) who is the father of C (hereinafter “the deceased”). The deceased on November 20, 2013, his/her spouse was Defendant A, Defendant B, C, E, and F, and the inherited property had real estate indicated in the attached list (hereinafter “instant real estate”).

2) On March 5, 2014, the deceased’s successors agreed to divide the inheritance agreement with the effect that the Defendant A independently owns the instant real estate (hereinafter “instant agreement on division of inherited property”).

(3) On March 12, 2014, Defendant A made a pre-sale agreement with Defendant B regarding the instant real estate on the ground that the said real estate was purchased and sold, and the Daegu District Court’s registration office received on March 19, 2014 and received on March 19, 2014 pursuant to Article 56738 of the Daegu District Court’s registration office on the ground of the pre-sale agreement.