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(영문) 서울북부지방법원 2018.06.20 2017가단127361
사해행위취소
Text

1. On May 25, 2016, shares of 2/13 in each of the real estate listed in the separate sheet Nos. 1 and 2 between B and the Defendant.

Reasons

1. Facts of recognition;

A. On June 29, 2012, Cmat Bank Co., Ltd. loaned 24,900,000 won to B on a five-year loan rate and 6.47% per annum.

on September 25, 2014, Cze Bank Co., Ltd. transferred the above loan claims against B to the Plaintiff, and notified B of the above transfer around October 21, 2014.

Article 28(1) of the Civil Procedure Act provides that the Plaintiff shall file a lawsuit against B for the claim for the amount of the transfer income (this Court Decision 2015Da116060), and the Plaintiff shall file a lawsuit against B on August 13, 2015, and the Plaintiff shall pay to the Plaintiff 31,317,062 won and 23,48,550 won among them, 18% per annum from December 16, 2014 to July 17, 2015, and 20% per annum from the next day to the date of full payment.

B. (i) C was killed on January 15, 2016, and his heir was identified as Defendant, E, F, G, and B.

On May 25, 2016, the heirs, including the Defendant, etc., made an agreement on the division of inherited property (hereinafter “instant division agreement”) with respect to each of the real estate listed in the separate sheet, which is the inherited property of the deceased (hereinafter “each of the instant real estate”) on May 25, 2016, and completed each registration of ownership transfer under the name of the Defendant on June 1, 2016.

On January 6, 2017, the Defendant completed the registration of the establishment of a neighboring livestock cooperative, the maximum debt amount of which is KRW 18,00,000, with respect to each real estate listed in [Attachment List 1 and 2] after the registration of the transfer of ownership.

C. B’s property status is the entire inheritance shares of each of the instant real estate at the time of the instant division consultation, while the property is the total debt amounting to KRW 1,050,569,000, as follows:

The debt amount (won) 1 National Bank on March 27, 2013 47,962,000 on March 27, 2013 “The 3rd National Card of 27,260,000 KB 1,00 on May 7, 2010, 201, KB 27,260,000 on the 3rd National Card of 25, 201.

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