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(영문) 대구고등법원 2016.01.14 2015나20590
사해행위취소
Text

1. The judgment of the first instance court is modified following the change of claims in the plaintiff's trial.

2. The plaintiff's primary features.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim against G and joint guarantee claim against H 1) The Plaintiff incurred KRW 500 million to G on March 2, 2011 (hereinafter “instant loan”).

A) B, as of October 4, 201, the first three percent (15 million won per month), the due date for repayment was determined and lent on August 3, 201, and thereafter the due date was extended on January 3, 2012. 2) H as a mother of G, jointly with I, his wife, jointly and severally guaranteed the principal and interest of the instant loan.

B. H, the Defendants, and G’s property inheritanceJ died on June 9, 201, and their respective property successors exist with H and their children, the wife, and G.

Each statutory inheritance share is H 3/15, Defendants and G 2/15, respectively.

C. On May 31, 2013, H, the Defendants, and G are entitled to an agreement on division of inherited property 1) the real estate listed in attached Form 1(1) (hereinafter “real estate 1”) (hereinafter “real estate 1”).

As to H and G’s respective statutory shares in inheritance (H 3/15 shares and G 2/15 shares) and the agreement on the division of inherited property with the content that H and G waives their respective statutory shares in inheritance (hereinafter “the first agreement on the division of inherited property”).

As to the first real estate (including H’s statutory inheritance shares 3/15 and 2/15 of G’s statutory inheritance shares) on May 31, 2013, H completed the registration of ownership transfer under Defendant B’s name on the grounds of the first agreement on the division of inherited property on May 31, 2013. 2) H, Defendants, and G divided the shares of each of the real estate listed in Articles 2, 2, 3, and 4 (hereinafter “second real estate”), (hereinafter “third real estate”), which are the inherited property of J, on May 31, 2013, with respect to each of the real estate listed in Articles 1, 2, 3, and 2, 3, and 4 (hereinafter “real estate 4”), H renounced renounced the shares of each legal inheritance (i/20 shares = 1/4 x 3/15 ± agreement on the division of inherited property (hereinafter “consultation on the division of inherited property”).

The respective shares of 1/24 among the immovables 2, 3, and 4 are shares of the Defendants and one of G concerning each of the said shares.

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