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(영문) 서울북부지방법원 2019.06.04 2018가단129630
사해행위취소
Text

1. As to 1/6 shares of real estate listed in the separate sheet:

A. It was concluded on August 8, 2017 between the Defendant and D.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) E Co., Ltd. lent KRW 2,00,000 to D on January 17, 2002, to D in accordance with the basic terms and conditions for banking transaction. 2) On July 8, 2005, F Co., Ltd. acquired the claim against D of the above bank from E, and was awarded a favorable judgment from the Seoul Central District Court on May 31, 2007, by filing a lawsuit claiming the amount of transfer money against D.

3) Since then, the Plaintiff was finally transferred the above claim against FF’s transfer of the deposit amount to G Co., Ltd., and the Plaintiff acquired it from G Co., Ltd. on April 14, 2017. 4) The Plaintiff filed a lawsuit claiming the deposit amount against D under the Seoul Western District Court Decision 2017 Ghana570897. On October 26, 2017, the lower court rendered a favorable judgment that “the Defendant would pay the Plaintiff the amount calculated at the rate of 15% per annum from October 12, 2017 to the date of full payment” with respect to KRW 12,613,103 and KRW 237,728 from the above court.

(D) The above judgment was appealed by the Seoul Western District Court No. 2018Na39635, but the appeal was withdrawn on May 14, 2019, and the above judgment of the first instance became final and conclusive.

1) On November 18, 2014, the mother of the Defendant and D et al. died, and accordingly, K, L, and M inherited inheritance due to the death of J prior to his death.

(D) the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) in the 1/6 shares of each of the 1/6 shares of N, Defendant,O, and D

(2) On August 8, 2017, the above inheritors succeeded to H’s property. (2) On the instant real estate, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the effect that K owns 5/6 shares and 1/6 shares. Accordingly, the Seoul Northern District Court’s Dongdaemun District Court’s receipt of August 17, 2017, and the registration of ownership transfer was completed as above.

C. At the time of the agreement on division of the inherited property of this case, D’s financial status.

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