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(영문) 서울서부지방법원 2017.07.12 2016가단35287
사해행위취소
Text

1. It was concluded on February 6, 2016 with respect to each of the real estates listed in the separate sheet between the Defendant and B.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the respective entries in Gap evidence 1 to 7 (including paper numbers) and the overall purport of the arguments.

1) On December 11, 2003, the foreign exchange bank loaned KRW 50,000,000 to C Co., Ltd., and B jointly guaranteed the above loan obligations. Thereafter, C Co., Ltd lost the benefit of time due to delay in the repayment of principal and interest, and the foreign exchange bank around November 28, 2006 (hereinafter “instant loan obligations”).

(2) As of July 5, 2007, the Defendant, F, G, H, and B transferred the above loan claims to the Social Co., Ltd., Ltd., and as of November 5, 2007, the remainder of the principal amount of KRW 43,338,774, interest rate of KRW 28,006,620. The Plaintiff acquired the above loan claims from the Social Co., Ltd., Ltd. around November 1, 2010. (2) The mother-friendly D died on February 6, 2016, and his heir died, and there was E, the Defendant, F, G, H, and B, their children.

On February 6, 2016, the above inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the Defendant’s sole ownership of each real estate listed in the separate sheet, which is inherited property (hereinafter “instant real estate”).

Accordingly, the defendant completed the registration of ownership transfer on October 11, 2016 due to inheritance by consultation and division on February 6, 2016.

3. At the time of the agreement on division of the instant inherited property, B was in excess of the obligation.

B. As the instant loan claim was transferred from the foreign exchange bank to the Plaintiff via the Dongyang Social Co., Ltd., the joint and several guarantee claim against B was also transferred to the Plaintiff along with the instant loan claim.

B In excess of the debt, the joint security of the general creditors was reduced by transferring the shares of inheritance on each real estate of this case to the defendant through the division consultation of the inherited property of this case.

Therefore, this case.

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