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(영문) 부산지방법원 2014.06.17 2013가단219247
사해행위취소
Text

1. It was concluded on April 1, 2012 between the Defendant and B regarding 3/7 shares in the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 29, 2010, Hyundai Social Co., Ltd. loaned KRW 60,000,000 to C for a loan period of 48 months, interest rate of loan 25% per annum, overdue interest rate of 29% per annum (hereinafter “instant loan”). On the same day, B provided joint and several sureties’s debt guarantee (hereinafter “joint and several sureties”).

B. On April 2, 2013, the Plaintiff received the claim against B from Hyundai Social Co., Ltd., and Hyundai Mass Social Co., Ltd. sent the notification of the assignment of claims to B by means of content-certified mail on April 3, 2013, and the notification of the assignment of claims reached B around that time.

C. C delayed the repayment of the above principal and interest of the loan, thereby losing the benefit of March 25, 2013. As of March 25, 2013, the remaining principal is KRW 23,462,049, the unpaid interest rate is KRW 875,242, and damages for delay is KRW 42,677.

B owned the real estate indicated in the separate sheet (hereinafter “instant real estate”). However, as the deceased D died, B (the heir’s share 3/7), E, and the Defendant (the heir’s share 2/7), on April 1, 2012, entered into an agreement on division of inherited property with the content that the instant real estate was owned solely by the Defendant (hereinafter “instant agreement on division”). According to the instant agreement on division, the ownership transfer registration was completed in the Defendant’s future with the Busan District Court, the Busan District Court, the registration office, and the registry office, as of January 2, 2013, as of the instant real estate.

E. B at the time of the split-off consultation, the inheritance shares in the instant real estate were the sole property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 (application for loans from social studs, and it is presumed that the truth of the entire document has been established as a whole because there is no dispute over the stamp image part of Eul), and the purport of the whole arguments and arguments

2. Determination

A. According to the above facts of recognition 1 of the existence of the preserved claim, as long as the joint and several guarantee claim in this case is established prior to the division consultation in this case.

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