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(영문) 인천지방법원 2017.07.18 2016가단232398
사해행위취소
Text

1. The Defendant and Nonparty B concluded on April 12, 2013 with respect to 2/9 shares of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Nonparty B against Nonparty B was acquired the credit card payment claim against Nonparty B on January 3, 2012 by Seoul Western District Court Decision 2013 tea26945, and the Plaintiff applied for the payment order for the payment order of “the principal amount in arrears as of April 16, 2012, KRW 2,090,000, overdue interest amounting to KRW 5,233,931, and the amount of the transfer payment and the amount of the delay damages.” On April 18, 2013, the said court decided on April 18, 2013 that “B shall pay delay damages calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment.” The above decision became final and conclusive on May 14, 2013.

B. 1) Nonparty C, the father of B, died on April 12, 2013, and at the time, Nonparty D, E, and B, the spouse of the deceased, as the deceased’s heir, was the Defendant, Nonparty D, E, and B. 2) Meanwhile, as to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 3, 2013, the registration of ownership transfer was completed under the name of the Defendant, as the Incheon District Court received on April 12, 2013 (hereinafter “instant agreement for division of inherited property”).

C. 1) With respect to the instant real estate on August 21, 2008, the registration of the establishment of a mortgage was completed due to the contract concluded on August 20, 2008 as of the instant real estate, which was concluded on August 20, 2008, with the maximum debt amount of KRW 12,000,000,000, and the registration of the establishment of a mortgage was completed due to the debtor’s network C and the debtor’s agricultural cooperative for the protection of the right to collateral security. On July 19, 2013, the registration of the change of the right to collateral security changed to the debtor on the ground of acceptance of the contract as of July 19, 2013. Meanwhile, at the time of the agreement on the division of the instant real estate, the secured debt amount of the said right to collateral security remains KRW 10,000,0000,000 on the instant real estate.

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