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(영문) 수원지방법원안양지원 2017.06.01 2016가단8624
사해행위취소 등
Text

1. On June 26, 201, regarding 2/11 of the real estate listed in the separate sheet between Nonparty B and the Defendant.

Reasons

1. Facts of recognition;

A. In around 1993, Nonparty B jointly and severally guaranteed the obligation to pay the purchase price of the automobile to Nonparty C, and on September 1, 2003, Daewoo Automobile Sales Co., Ltd. transferred the joint and several liability to Nonparty A’s non-party A’s non-party joint and several liability to the non-party Daewoo Motor Co., Ltd. on September 1, 2003. The non-party Daewoo Motor Co., Ltd transferred the said guarantee claim to the Plaintiff on October 31, 2012, and completed the notification procedure of assignment of the claim

B. On August 20, 2015, the Plaintiff filed a lawsuit against Nonparty B, and sentenced that “the Defendant shall pay to the Plaintiff 111,784,39 won and 22,682,700 won with interest rate of 20% per annum from November 1, 2012 to the date of full payment,” and the above judgment became final and conclusive around that time.

(Seyang District Court 2015Kadan14153). (c)

On June 26, 2011, the network D, which was put by Nonparty B and the Defendant, died on June 26, 201, and his inheritor was Nonparty E, Defendant, F, and G with children.

Upon the death of the deceased D, his heir agreed to divide the real estate recorded in the separate sheet (hereinafter “instant real estate”) that is the deceased’s inherited property by the Defendant to solely inherit (hereinafter “instant agreement on division of inherited property”), and the Defendant completed the registration of transfer of ownership under the Defendant’s name on May 18, 201 on the ground that the agreement was reached on June 26, 201.

E. The value of the instant real estate based on the officially assessed individual land price in 2015 is KRW 300,712,500, and at the time of June 26, 2011, the registration of the creation of the right to collateral security was completed on the ground of termination on August 7, 2014, and the registration of cancellation was completed on the ground of the debtor H, the mortgagee, one bank, the maximum debt amount, and the maximum debt amount of KRW 36,00,000. The registration of the establishment of the right to collateral security was completed on August 20, 2014.

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