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(영문) 대전지방법원 2017.08.24 2016가단218802
사해행위취소
Text

1. It was concluded on December 23, 2013 with respect to each of the real estates listed in the separate sheet between the Defendant and B.

Reasons

Basic Facts

(1) On May 13, 2005, the Plaintiff acquired loan claims against B from three financial institutions, including foreign exchange banks, and notified the transfer of claims pursuant to the Asset-Backed Securitization Act, around June 16, 2005, the Plaintiff filed an application with the Seoul Central District Court for a payment order against B seeking the payment of the above transfer amount under the Asset-Backed Securitization Act. On June 22, 2016, the said court issued the payment order to the Plaintiff on June 22, 2016, “B shall pay damages for delay to the Plaintiff KRW 38,609,116 and KRW 10,931,820.” The said payment order was finalized on July 30, 2016.

The agreement on the division of inherited property between Defendant and B, etc. 1) the network C (hereinafter referred to as “the network”).

A) On December 23, 2013, the Defendant, D, and B jointly succeeded to the deceased. (ii) Each of the real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the deceased. Around December 23, 2013, the Defendant, D, and B entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that the instant real estate shall be owned solely by the Defendant. Accordingly, on February 5, 2014, the registration of the transfer of ownership in the name of the Defendant was completed.

3) On October 15, 2013, the instant real estate is KRW 1.02 billion with a maximum debt amount of KRW 1,020,000,000,000, the debtor C, the mortgagee C, the mortgagee of the right to collateral security (hereinafter “the Livestock Industry Cooperatives”).

2) The right to collateral security (hereinafter referred to as the “mortgage of this case”).

The registration of creation was completed on March 14, 2014, which was after the consultation on the division of the inherited property of this case, and the debtor was changed to the defendant on March 14, 2014. In addition, the defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 96 million on May 29, 2014, and the registration of creation of a mortgage over the maximum debt amount of KRW 1.8 billion on August 22, 2014, respectively (see, e.g., the maximum debt amount of the registration of creation of a mortgage over the preceding period of KRW 2.28 billion on December 29, 2014).

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