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(영문) 부산지방법원 2016.10.25 2016가단321790
사해행위취소
Text

1. The Defendant and Nonparty B entered into a contract on October 23, 2013 with respect to two-thirds of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Nonparty Co., Ltd. lent KRW 5,00,000 to B on January 10, 2002 as interest rate of KRW 98.55% per annum, damages for delay was 127.75% per annum, and damages for delay on January 10, 207.

(hereinafter “instant loan”). The instant loan claims were assigned in sequence to professional Legs Co., Ltd., Egympis Co., Ltd., P&A global loans to P&A, and each assignment notice was served to B.

The Plaintiff filed a lawsuit against B with this Court No. 2015 Ghana58042. On March 21, 2016, the conciliation was concluded to the effect that “B shall pay to the Plaintiff 18,684,439 won and 2,963,400 won with interest rate of 15% per annum from February 6, 2016 to the date of full payment.”

B. Meanwhile, the deceased on October 23, 2013, and his wife succeeded to the proportion of 3/13, D, B, E, F, and G, respectively, and 2/13. With respect to each real estate indicated in the separate sheet, the deceased transferred the ownership transfer registration under the Defendant’s sole name on November 25, 2013 due to the inheritance by a division of agreement dated 23, 2013 (hereinafter “instant agreement”).

After all, on November 25, 2013, each registration of establishment of a mortgage was completed on each of the real estate listed in the separate sheet F with the debtor A and the mortgagee F, and on November 29, 2013, each registration of establishment of a mortgage of the debtor C and Busan Bank Co., Ltd. was cancelled.

C. At the time of October 23, 2013, B had no particular assets.

Attached Form

The officially announced value of each real estate stated in the year 2013 was KRW 104,354,000 (attached Form 1 real estate 44,154,000, KRW 60,000, KRW 200,000). Since then, the officially announced value at the time of closing the argument of this case was higher than the above amount, and on October 23, 2013, KRW 10,000, KRW 10,000, KRW 200 for each real estate listed in the Attached Form to Busan Bank as of October 23, 2013.

[Reasons for Recognition] There is no dispute between the parties, Gap 2.

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