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(영문) 서울북부지방법원 2020.12.11 2019가단145394
사해행위취소
Text

1. It was concluded on July 1, 2016 with respect to 2/13 shares of the real estate listed in the separate sheet between C and the Defendant.

Reasons

1. Facts of recognition;

A. On July 30, 2015, D Co., Ltd. leased KRW 7 million to C at 31.9% per annum and interest rate of KRW 34.9% per annum. On March 17, 2017, the said bank transferred the said loan claim to the Plaintiff and notified it to C on September 13, 2017.

Since then, the Plaintiff filed an application with C for the payment order of the acquisition amount under Seoul Northern District Court Decision 2017 tea23817, and the above court issued the payment order to the Plaintiff on May 31, 2017, stating that “C shall pay to the Plaintiff the amount of KRW 6,05,862 and KRW 4,986,852 per annum 34.9% per annum from May 13, 2017 to the date of full payment,” and the above payment order was finalized on June 17, 2017, and was finalized on September 19, 2019, the above payment order was KRW 10,156,557.

B. On December 19, 2015, E, his father, died on December 19, 2015, the inheritor’s share in C’s inheritance to F, G, H, C, and I, the spouse and children, is 2/13.

On July 1, 2016, the above inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) under the name of the Defendant with respect to the real estate listed in the separate sheet, which is inherited property (hereinafter “instant real estate”), and C was insolvent at the time.

C. The Defendant completed the registration of ownership transfer on July 11, 2016, based on the agreement on division of the inherited property of this case, based on inheritance due to division made before December 19, 2015.

1. At the time of consultation on the division of the inherited property of this case, each of the secured debt amounting to KRW 44.2 million with the maximum debt amount of KRW 19.5 million was set up in the J-mortgage, and the secured debt amount was KRW 51,279,231.

The foregoing right to collateral security was cancelled on October 27, 2016 on the same day as the termination date.

In addition, on the ground that the Gangdong-gu Seoul Metropolitan Government Office fails to pay an administrative fine of KRW 879,750 prior to the consultation on the division of the inherited property of this case, the National Health Insurance Corporation shall pay the administrative fine of KRW 769,740,00,000.

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