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(영문) 서울북부지방법원 2017.01.24 2015가단146450
사해행위취소
Text

1. It was concluded on September 23, 2013 with respect to 2/7 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. A. In the case of AD Savings Bank (hereinafter “instant loan”) loaned KRW 4 million to B at the rate of 36 months and interest rate of 49% per annum. B lost the benefit of time due to delinquency in paying the principal and interest of the said loan, and on May 16, 2012, the Plaintiff acquired the said loan claim.

B. On February 11, 2014, the Plaintiff filed a lawsuit against B against the Seoul Northern District Court No. 2013Gau313908, and rendered a judgment that “B shall pay to the Plaintiff KRW 8,806,640, and KRW 3,573,306, an amount calculated by the rate of 49% per annum from July 19, 2013 to the date of complete payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

On the other hand, as of November 29, 2016, the above judgment amounting to KRW 14,702,203.

C. The deceased on September 23, 2013, who is the father of B, died on September 23, 2013, and accordingly, the Defendant, who is the spouse, jointly inherited C’s property at the ratio of 3/7 shares, B and D, 2/7 shares.

Defendant, B, and D are the instant split-off contract with the effect that the Defendant alone wishes to own the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C on September 23, 2013 (hereinafter “instant real estate”).

On January 23, 2014, the registration of transfer of ownership in the name of the defendant was completed by the Daejeon District Court No. 10282.

E. Meanwhile, on April 9, 2014, the Defendant established a collateral of KRW 32.5 million with respect to the instant real estate to the Saemaul Undong Federation, which was established after the instant division contract, on April 9, 2014.

F. At the time of the conclusion of the instant partition contract, the market price of the instant real estate is KRW 57,293,600, while B owned 1/3 of three parcels, other than KRW 9,068,860, 2380, and 3,000, in Youngcheon-si, the market price of the instant real estate as active property at the time of the instant partition contract, while it was a small property.

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