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(영문) 광주지방법원 순천지원 2018.09.19 2017가단79575
사해행위취소
Text

1. The inherited property concluded on August 25, 2017 with respect to 2/13 shares of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and issued a credit guarantee agreement, and B, etc. jointly and severally guaranteed the obligation owed by the Nonparty Company to the Plaintiff pursuant to the said credit guarantee agreement.

B. A non-party company received a loan from a D bank as collateral, but did not pay the principal and interest of loan on October 29, 2014. On November 3, 2015, the Plaintiff subrogated to the D bank for KRW 671,594,329 in accordance with a credit guarantee agreement.

C. On January 4, 2017, the Plaintiff filed an order for payment with the Incheon District Court No. 2017 teab254 against the non-party company and the non-party company and the non-party company B, etc., jointly and severally issued a payment order stating that the Plaintiff would jointly pay the Plaintiff KRW 396,030,489, and delay damages for KRW 396,030,489. The above payment order became final and conclusive around that time.

Attached Form

The real estate in the list is the real estate in this case.

E 'E' or 'E'

The deceased died on August 12, 2015, and the wife F, the Defendant, G, H, I, and B inherited.

E. As to the instant real estate in subrogation of F, Defendant, G, H, I, and B, the deceased’s heir, the J Union completed the registration of subrogation of each transfer of ownership with respect to the instant real estate by way of inheritance as of May 4, 2017, No. 8125, which was received on May 4, 2017, and as of August 12, 2015, F’s share was 4/19, Defendant, G, H, I, and B’s share as 3/19.

F. On August 25, 2017, the deceased’s inheritors of the instant real estate on August 25, 2017: (a) the Defendant agreed on the division of the inherited property (hereinafter “instant division agreement”) to solely inherited

In addition, on August 25, 2017, the registration for the revision of ownership in the name of the defendant on the real estate in this case is "registration for the revision of ownership in this case".

A. The completion was completed.

G. On November 1, 2007, before completing the registration of revision of ownership of this case, the real estate of this case is worth KRW 50 million with the JB and the maximum debt amount.

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