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(영문) 서울중앙지방법원 2017.01.24 2015가단184439
사해행위취소
Text

1. It was concluded on December 9, 201 with respect to the share of 1/4 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against B (1) The Korea Asset Management Corporation acquired the Plaintiff’s claim against B of the Gyeonggi Bank, and obtained a favorable judgment by filing a lawsuit for the claim for transfer money under the Incheon District Court 2001Kahap6981, which filed a lawsuit for the claim for transfer money against B, etc. with the Incheon District Court 201Kadan108513 to extend the prescription period of the said judgment.

On May 16, 2012, the above court rendered a ruling that "B shall pay to the Korea Asset Management Corporation 29,660,830 won in collaboration with C and 10,000,000 won among them, 19,660,830 won per annum from August 6, 1998 to June 30, 201, and 6% per annum from August 26, 1998 to June 30, 2001, and 25% per annum from the next day to the day of full payment." The above ruling became final and conclusive around that time.

(2) The Plaintiff acquired the instant claim from the Korea Asset Management Corporation on August 28, 2012, and notified the transfer of the claim to B upon delegation from the transferor around October 8, 2012.

(3) As of September 3, 2015, the remaining principal and interest of the instant bonds are KRW 139,958,858 as follows.

B. (1) A and registration of the division of inherited property (hereinafter “instant real property”) were owned by the real estate indicated in the separate sheet (hereinafter “instant real property”) and by the 02 of the Maman-gu Maman-gu Ethyun (hereinafter “Emany”) but died on December 9, 201, and the F, B, G, and the Defendant, who were their children, succeeded to the property.

(2) The inheritors, including B, indicated on December 9, 201 as “the date of inheritance registration at the complaint,” which is the date of inheritance registration at the complaint, but appears to be erroneous, which appears to be the date of this determination) of this case’s real estate as the Defendant’s sole ownership of the instant real estate, and the agreement on the division of inherited property with the purport that the EM will be owned by G solely.”

(3) On June 5, 2012, receipt No. 36353 was made.

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