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(영문) 수원지방법원 2015.11.26 2015가단116588
사해행위취소
Text

1. The Defendant and Nonparty B concluded on August 6, 2013 with respect to two-thirds of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B on September 30, 2008 by setting the principal of the guarantee as KRW 59.5 million, and from September 30, 2008 to September 29, 2009. B obtained a loan from the Industrial Bank of Korea as security a credit guarantee agreement issued pursuant to the above credit guarantee agreement.

B. Since then, as a credit guarantee accident where B delays the payment of the above principal and interest of loan, on November 4, 201, the Plaintiff received an order for payment (U.S. District Court 2014Hu15775) from the above court for the payment of the principal and interest of loan of B by subrogation and for the payment of the amount of subrogated payment of B by subrogation (U.S. District Court 2014Da15775) from the above court, and upon request from the above court, “B shall pay to the Plaintiff 54,983,997 won, and 53,983,997 won among them, from November 4, 201 to November 30, 2012; 15% per annum from the next day until the delivery date of the original copy of the instant payment order; and damages for delay calculated by 20% per annum from the next day to the date of complete payment.” The above decision became final and conclusive around that time.

C. Meanwhile, as the deceased C (hereinafter “the deceased”) died on August 6, 2013, five children, including the deceased’s wife 3/13 and B, jointly inherited the deceased’s property at their respective shares of 2/13. On August 6, 2013, B entered into an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that the Defendant shall solely own the real estate listed in the separate sheet owned by the Defendant and the deceased, inherited property (hereinafter “instant real estate”). Accordingly, the Defendant completed the registration of transfer of ownership under the name of Suwon District Court No. 36350, Mar. 5, 2014.

At the time of the consultation on division of the inherited property of this case, B had no particular positive property except for shares 2/13 among the real property of this case, the market value of which is the inherited property of this case is equivalent to KRW 11,80,000,000, and bears the above indemnity liability exceeding

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