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(영문) 광주지방법원해남지원 2020.06.23 2019가단202112
사해행위취소
Text

1. The inherited property concluded on March 27, 2019 with respect to 2/11 shares of each real estate listed in the separate sheet between the defendant and C.

Reasons

1. Basic facts

A. On July 29, 201, D Co., Ltd. entered into a loan agreement with C at the rate of 2,875,000 won, 36 months, and 24% per annum of the overdue interest rate.

B. Around June 14, 2016, Co., Ltd. transferred to the Plaintiff the obligation to return the principal and interest of loans of KRW 21,314,726 to the Plaintiff, and the Plaintiff notified C of the transfer of the said obligation on November 1, 2016.

C. On June 12, 2017, the Plaintiff filed a lawsuit against C with the Seoul Central District Court for the claim for the amount of money transferred. On October 24, 2017, the said court rendered a judgment that “C shall pay to the Plaintiff the amount calculated at the rate of 24% per annum for KRW 25,189,107 and KRW 14,883,805 from October 12, 2017 to the date of full payment,” and the said judgment was finalized on November 21, 2017.

The deceased E (hereinafter “the deceased”) died on January 17, 2019, and the deceased’s heir had the Defendant (the deceased’s spouse 3/11), the deceased’s spouse, C, F, G, and H (the deceased’s shares 2/11).

On March 27, 2019, the above inheritors, including Defendant and C, entered into an agreement on the division of inherited property (hereinafter referred to as “instant agreement on division”) with each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) on the sole ownership of the Defendant.

Accordingly, on January 17, 2019, the registration of ownership transfer was completed in the defendant's future by the Jindo District Court No. 3411 on May 2, 2019, based on the inheritance due to the agreement division as of January 17, 2019.

E. At the time of the instant division consultation, C had been in excess of its obligation, such as bearing obligations as indicated in the following table, with no particular property.

Non-creditor 1’s debt amount, approximately KRW 21,57,847, A, approximately KRW 21,2,4,5,5,29, and KRW 45,507,00 of the Korea Technology Credit Guarantee Fund No. 6, approximately KRW 3 I,590,00, KRW 45,500, and KRW 6,590, KRW 6, and KRW 3,74,000, KRW 6, and KRW 3,74,00, KRW 6, and KRW 3,300, KRW 6, and KRW 81,68,847 (based on recognition).

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