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(영문) 서울동부지방법원 2018.09.13 2017가단20501
사해행위취소
Text

1. On March 7, 2017, each of the real estates listed in the separate sheet between the defendant and B, as to shares of 1/2.

Reasons

1. The following facts may be found either in dispute between us, or in full view of the statements in Gap evidence Nos. 1, 2, and 3, the fact inquiry results with respect to the Jung-gu Seoul Metropolitan Government Office and the entire purport of oral arguments. A.

The claim against B, the Bank of Korea transferred to ELD Investment Securities Co., Ltd., and the ELD Investment Securities Co., Ltd. transferred to the Plaintiff again, and each transferor notified B of the above transfer.

B. The Plaintiff filed an order to pay B with the Seoul Northern District Court 2016 tea19068 as to the claim that it acquired as above, and on May 19, 2016, the Plaintiff received an order to pay the Plaintiff 17% per annum from October 25, 2003 to July 27, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment. The above payment order was finalized on June 28, 2016.

C. On March 7, 2017, C, the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died, and C, the deceased’s children, B, and the Defendant inherited each of the instant real estate in proportion to the shares of 1/2. At the time of the death of the deceased, B and the Defendant independently owned each of the instant real estate at the time of the death of the deceased, and agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”). On April 18, 2017, the Seoul Eastern District Court received on April 18, 2017, and completed the registration of ownership transfer in the future of the Defendant under Article 39249.

B, however, on March 7, 2017, there was no property other than the inheritance share of each of the instant real estate at the time of the agreement on division of inherited property.

2. According to the above fact of recognition of the existence of the preserved claim, the Plaintiff holds the claim against B pursuant to the payment order finalized by the Seoul Northern District Court 2016 tea19068, and the above.

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