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(영문) 인천지방법원 2018.11.28 2018가단206522
사해행위취소
Text

1.(a)

With respect to shares of 2/11 of each real estate listed in attached Tables 1 and 2 between E and Defendant A and Defendant B, 2016.

Reasons

1. Facts of recognition;

A. On December 31, 2014, Hyundai Savings Bank: (a) lent KRW 4,00,000 to E on December 31, 2014, with a loan maturity of KRW 34.9% per annum on December 31, 2017; (b) E delayed payment of interest on the said loan; and (c) the Plaintiff acquired the claim against Hyundai Savings Bank E on May 18, 2016.

B. On January 13, 2017, the Plaintiff filed an application with the Seoul Northern District Court for a payment order with the Seoul Northern District Court 2016 tea60130, and on January 13, 2017, “E shall pay to the Plaintiff the amount calculated at the rate of 34.9% per annum from December 9, 2016 to the date of full payment” that “E shall pay to the Plaintiff the amount of KRW 4,723,53 and KRW 3,31,65 per annum from December 9, 2016 to the date of full payment.” The said payment order was served to E on January 17, 2017, and was finalized on February 1, 2017.

C. On February 13, 2015, EF Savings Bank Co., Ltd. concluded an installment contract of KRW 4,100,000 with respect to vehicle number FranxG vehicles with the loan period of KRW 36 months, interest rate of KRW 19.9% per annum, and overdue interest rate of KRW 29.9% per annum. On December 9, 2016, E delayed payment, the Plaintiff acquired the claim against E from EF Savings Bank Co., Ltd. on December 9, 2016.

The Plaintiff filed an application with the Seoul Northern District Court 2017 tea16481 for a payment order seeking the payment of the acquisition amount against E.

Accordingly, on April 12, 2017, “E shall pay to the Plaintiff the amount of KRW 5,036,440 and KRW 3,573,581, which shall be calculated at the rate of 29.9% per annum from March 25, 2017 to the date of full payment” was issued and the payment order was served on April 13, 2017, and the decision was finalized on April 28, 2017.

E. G, a father of E, owns each real estate listed in the separate sheet, and died on June 29, 2016, and the inheritor has the Defendant B, C, D, and E, a spouse.

F. The inheritors, around November 16, 2016, agree to share each of the real estate listed in the separate sheet Nos. 3 through 6 (hereinafter “instant chemical property”) with 1/4 shares, respectively.

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