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(영문) 수원지방법원 2015.02.11 2013가단100589
사해행위취소
Text

1. The Defendants and Nonparty C concluded on September 18, 2012 with respect to 2/13 shares of the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 10, 2004, the Plaintiff filed a lawsuit against Nonparty D and C on the claim for loans by the Seoul Central District Court 2004Gada1671521, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) against Nonparty C (hereinafter “Korea Deposit Insurance Corporation”) and rendered judgment on December 10, 2004 that “D and C jointly and severally paid to the Plaintiff 25,772,910 won and 9,634,000 won per annum from July 30, 2004 to the date of full payment.”

(2) On March 29, 2005, the Korea Deposit Insurance Corporation transferred the above judgment amount claim against Nonparty C to the Plaintiff (hereinafter “Korea Deposit Insurance Corporation”) on November 11, 2009, and around that time notified Nonparty C of the assignment of the above claim.

(3) On the other hand, on December 4, 2013, Nonparty C filed an appeal against the said first instance judgment (the Plaintiff participated as the succeeding intervenor of the Korea Deposit Insurance Corporation). On October 21, 2014, Nonparty C was sentenced to the Seoul Central District Court Decision 2014Na25893, that “C shall pay to the Plaintiff 25,772,910 won and 9,634,000 won, jointly and severally with D, at the rate of 20% per annum from July 30, 2004 to the date of full payment.”

Therefore, although Nonparty C appealed, the appeal was dismissed by Supreme Court Decision 2014Da75950 Decided January 29, 2015, and the above appellate judgment became final and conclusive.

B. The Defendants and Nonparty C owned the real estate listed in the separate sheet (1) of the instant inheritance agreement division agreement between the Defendants and Nonparty C (hereinafter “each of the instant real estate”) but the network E died on September 18, 2012 and jointly succeeded to the network E.

(2) On October 18, 2012, the deceased E’s successors entered into an agreement on division of inherited property with the following terms and conditions (hereinafter “instant agreement on division”).

O Each real estate of this case shall be owned by the Defendants.

O Provided, That the Defendants are co-owners of each of the instant real estate, with respect to C’s shares in inheritance.

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