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(영문) 전주지방법원 2018.09.07 2018가단5890
사해행위취소
Text

1. The Defendant and Nonparty B concluded on December 14, 2015 with respect to 2/13 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. (1) On April 14, 201, the Plaintiff entered into a credit guarantee agreement with B and credit guarantee principal of KRW 10,000,000 with the credit guarantee term on April 20, 2016. (2) B received a loan of KRW 10,000,000 from the NA Jeonju Si/Gun branch (hereinafter “CF”) around April 20, 201, and submitted a credit guarantee agreement issued by the Plaintiff to the said Nonghyup under the agreement. (3) B delayed payment of the principal and interest of the loan to the Nonghyup from July 21, 2012. Accordingly, the Plaintiff paid the principal and interest of the loan to the Nonghyup on March 20, 2013.

4) On June 23, 2016, the Plaintiff received an order to pay the Plaintiff KRW 10,074,256 and KRW 10,074,137 each year from March 20, 2013 to September 27, 2013; KRW 12% per annum from the next day to the delivery date of the original payment order; and KRW 15% per annum from the next day to the delivery date of the original payment order; and KRW 15% per annum from the next day to the full payment date. The above payment order became final and conclusive on July 13, 2016.

(1) C, the owner of each of the instant real estate, died on December 14, 2015, and C, the Defendant, the spouse, inherited C’s inherited property in proportion to 2/13 shares of C, 3/13 shares, 3/13 shares, 4/13 shares, 2/13 shares, of C’s inherited property.

2) On December 14, 2015, the Defendant and his children D, E, F, B, and G, the inheritor of C, agreed on division of inherited property (hereinafter “instant division agreement”) with the effect that each of the instant real estate, an inherited property, shall be reverted to the Defendant, respectively, (hereinafter “instant division agreement”).

(3) In accordance with the instant partition agreement, the Defendant completed the registration of ownership transfer based on inheritance due to a division made before December 14, 2015 with respect to each of the instant real estate on April 27, 2016.

4. B at the time of the instant partition agreement, the inheritance shares in each of the instant real estate.

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