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(영문) 서울서부지방법원 2019.09.20 2018가단241017
사해행위취소
Text

1. As to shares of 2/21 of each real estate listed in attached Tables 1 through 12 between C and the Defendant, January 6, 2014.

Reasons

1. Basic facts

A. On April 27, 2010, C entered into a loan agreement with D Co., Ltd. (hereinafter “D”) and took out a loan of KRW 20,000,000 (per 36 months equal installment repayment of principal and interest, real interest rate of KRW 12.46%, and overdue interest rate of KRW 24%) from D (hereinafter “instant loan”).

C lost the benefit of time due to the failure to timely repayment of the above loan, and D transferred the instant loan claim to the Plaintiff under the Asset-Backed Securitization Act on May 4, 2016, and the assignment of the claim was notified to C around July 25, 2016.

As of March 31, 2016, the loan of this case, as of March 31, 2016, 31,537,272 won, including principal 14,689,580 won, overdue interest, etc., were remaining in unpaid status.

B. On or around April 5, 2011, Non-Party E, the father of C (hereinafter “the deceased”), died on or around April 5, 201, and the spouse F (3/21 shares in inheritance) and G, H, C, I, J, K, K, L, M and the Defendant (2/21 shares in inheritance) inherited the deceased’s inherited property as legal inheritor in accordance with statutory inheritance shares.

C. At the time of the deceased’s death, the deceased owned O, P, P, and Q, 228 square meters, 208 square meters in P, Q, and 529 square meters in the separate sheet (hereinafter “each of the instant real property”) and other two parcels of land. The deceased’s co-inheritors, including C, agreed on January 6, 2014 (hereinafter “instant division consultation”), following the agreement on the division of inherited property (hereinafter “instant division agreement”), to which H owned land, P, and Q, and all of the other parcels of land as D and the Defendant’s joint ownership.

Accordingly, on January 27, 2014, the Daejeon District Court No. 1293 received a registration office of grant of the Daejeon District Court, and the registration of transfer of ownership of each of the instant real estate was completed in F and the Defendant on the ground of inheritance by agreement division.

On November 14, 2016, the establishment and registration of the right to collateral security, each of the instant real estate, with the amount of KRW 122,200,00,000, shall be made.

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