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(영문) 광주지방법원 2020.06.16 2019가단527680
사해행위취소
Text

1. It was concluded on June 20, 2018 with respect to 2/9 shares of the real estate listed in the separate sheet between the Defendant and D.

Reasons

1. Basic facts

A. On April 13, 2011, D obtained a corporate purchase loan of KRW 650 million from the Industrial Bank of Korea from the Industrial Bank of Korea, and repaid the loan, D lost its interest due to delay in paying the principal and interest, while the principal amount of KRW 97.5 million has been outstanding. (2) The above loan claims were assigned in succession to E limited companies and F companies. F companies filed a lawsuit seeking payment of KRW 50 million against D as the Seoul District Court Decision 2015Da50789, Jun. 13, 2015, and concluded that “D shall receive money from F companies at the rate of KRW 50 million and its interest calculated at the rate of KRW 20% per annum from June 13, 2015 to the date of full payment.”

3) On July 29, 2019, the Plaintiff acquired the claim for the said loan from FF Co., Ltd., and F Co., Ltd. notified D of the fact of the assignment of the said claim. B. The Defendant and D, etc. Division Contract 1) the network G (hereinafter “the network”) died on November 12, 2017, and the heir died on November 12, 2017.

2) Real estate listed in the separate sheet with the deceased’s inherited property (hereinafter “instant real estate”).

(2) On June 20, 2018, the registration of transfer of ownership was completed on the ground that “an inheritance by a division made on November 12, 2017,” under the sole name of the Defendant on June 20, 2018 (the agreement on division of inherited property between the Defendant and D was completed on June 20, 2018, although the grounds for registration on the real estate registry were stated as above, the actual agreement on division was completed on June 20, 2018)” (hereinafter “the agreement on division of inherited property between the Defendant and D to transfer the inheritance shares of D-2/9 between the Defendant and D to the Defendant.”

3) At the time of the instant partition consultation, D had no particular positive property in addition to the inheritance shares on the instant real estate.

C. Disposition of the instant real estate, and

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