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(영문) 청주지방법원 2018.08.31 2017가단113167
사해행위취소
Text

1. On April 9, 2016, between the Defendant and B, 2/11 shares of each of the real estate listed in the separate sheet are concluded.

Reasons

1. Basic facts

A. On May 12, 2001, the Plaintiff offered a loan of KRW 15 million to B on May 12, 2001, at the interest rate of 12% per annum on May 12, 2002, and at the interest rate of 12% per annum on delay damages rate of 19% per annum on the expiration date of the loan period (hereinafter “instant loan”); thereafter, extended the expiration date by May 12, 201, but B failed to repay the said principal and interest of the loan to the Plaintiff.

B. On September 21, 2015, the Plaintiff filed a lawsuit against B seeking the payment of the principal and interest of the instant loan with the Seoul Central District Court 2015Da429815, and received a recommendation of performance from the above court that “B shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from September 9, 2015 to the date of full payment” with respect to KRW 28,887,600 and KRW 15 million, whichever is earlier, and the said decision became final and conclusive on October 9, 2015.

C. C completed the registration of ownership transfer in its name with respect to the land listed in Paragraph 1 of the Attached List on March 24, 1966, and completed the registration of ownership preservation in its name with respect to the building listed in Paragraph 2 of the Attached List on November 30, 1993 (hereinafter “instant real estate” in addition to the above land”). D.

C A deceased on April 9, 2016, and the Defendant, the wife of the property, succeeded to the ratio of 3/11 shares, B, D, E, and F, each of 2/11 shares.

E. On April 9, 2016, the Defendant and B, D, E, and F agreed to divide the instant real estate, which is inherited property, into the Defendant’s sole ownership (hereinafter “instant division agreement”). Accordingly, the Defendant completed the ownership transfer registration on the instant real estate under the Cheongju District Court No. 111633, Sept. 8, 2016, based on the Cheongju District Court’s receipt on September 8, 2016 (hereinafter “instant ownership transfer registration”).

F. B is an active property other than the inheritance share on the instant real estate at the time of the instant partition consultation.

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