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(영문) 전주지방법원 2020.08.13 2018나12622
사해행위취소
Text

1.In accordance with this Court’s reduction or modification claim:

A. Each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On May 17, 2014, the Plaintiff filed a lawsuit seeking reimbursement against B with the Jeonju District Court No. 2014Da33587, the Plaintiff’s claim against B, and on May 17, 2014, the Defendant rendered a decision of performance recommendation with the effect that “The Defendant shall pay to the Plaintiff 19,876,395 won and KRW 19,876,129, the amount of KRW 15% per annum from July 20, 2011 to September 27, 2013; ② 12% per annum from September 28, 2013 to May 28, 2014; and ③ paid the amount at each rate of 20% per annum from the following day to the date of full payment.”

As of May 14, 2020, the amount of claims against the Plaintiff’s B is KRW 51,841,02 [the principal = KRW 19,876,395 won 19,876,395 won x 6,542,786 won x 0.15 x 801/365] ② 1,418,012 won (i.e., KRW 19,876,129 x 0.12 x 0.12 x 0.12 x 217/365 x 217/365)] (i.e., KRW 19,876,129 x 0.2 x 2204/365)].

B. B’s disposal act, etc. 1) The network D, the owner of each of the instant real estate (hereinafter “the network”).

(2) On July 22, 2016, the deceased died, and the Defendant, children, B, E, and F, who are the deceased’s inheritors, shall be deemed as the agreement on the division of inherited property solely inherited by the Defendant (hereinafter “consultation on the division of inherited property”).

On October 21, 2016, the registration of ownership transfer was completed due to the division of inherited property under the Defendant’s name with respect to each of the instant real estate. 2) On the other hand, each of the instant real estate was completed on May 17, 2012 by the Jeonju District Court: (a) the maximum debt amount of KRW 32,500,000; and (b) the establishment registration of a neighboring association under the name of the debtor D (hereinafter “the establishment registration of a neighboring association”) under the name of H association, which became D; (c) on February 28, 2017, the Defendant revoked the establishment registration of a neighboring association on February 28, 2017; and (d) on the same day, the registration was completed on February 28, 2017 by the Dasan District Court of Korea as the receipt of KRW 975, Jul. 78, 2017.

C. Each of the instant cases is the active property B at the time of the split-off consultation with the insolvent inherited property B.

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