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(영문) 수원지방법원 2015.10.30 2015나6903
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Bankruptcy Trustee of the Minejin Credit Cooperatives (hereinafter “Korea Deposit Insurance Corporation”) is the Korea Deposit Insurance Corporation.

(1) The Seoul Central District Court rendered a judgment on December 10, 2004 that “D and C shall jointly and severally pay to the Plaintiff 25,772,910 won and KRW 9,634,00 per annum 20% per annum from July 30, 2004 to the date of full payment of D and C (hereinafter “instant judgment”).

2) On March 29, 2005, the Korea Deposit Insurance Corporation transferred the above judgment amount claim against C to the Plaintiff (hereinafter “Korea Deposit Insurance Corporation”) on March 29, 2005, and around that time notified C of the assignment of the above claim.

3) Meanwhile, on December 4, 2013, C filed an appeal against the said first instance judgment on December 4, 2013 (the Plaintiff participated as the succeeding intervenor of the Korea Deposit Insurance Corporation).

() On October 21, 2014, Seoul Central District Court Decision 2014Na25893 (C) rendered a judgment that “C shall pay to the Plaintiff KRW 25,772,910 as well as KRW 9,634,00 at a rate of 20% per annum from July 30, 2004 to the date of full payment.” The appeal was dismissed by Supreme Court Decision 2014Da75950 on January 29, 2015, and the judgment of the said appellate court became final and conclusive. (b) The real estate listed in the attached list (hereinafter “each real estate of this case”) was originally owned by D and the Plaintiff, but the net was deceased on December 18, 2012, and jointly owned by G, E and the Defendants’ children, E and the Defendants’ property.

2) On October 18, 2012, the deceased E’s successors enter into an agreement on division of inherited property with the following terms and conditions (hereinafter “instant agreement on division”).

AB concluded the agreement.

O Each real estate of this case shall be owned by the Defendants.

O Provided, That the Defendants, as co-owners of each of the instant real estate, are C with respect to C’s shares in C’s inheritance.

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