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(영문) 대전지방법원논산지원 2016.06.30 2015가단2785
사해행위취소
Text

1. It was concluded on December 22, 2014 with respect to 1/4 shares of each real estate listed in the separate sheet between Defendant A and C.

Reasons

Basic Facts

1) The Plaintiff loaned KRW 200,00,000 on October 31, 201, 209, with the maturity of October 31, 2010 on July 31, 2009, with interest and delay damages, and C guaranteed the above loan obligations against the Plaintiff of D. Based on March 25, 2011. (2) The remaining principal of the above loan is KRW 168,006,63,000, and thereafter C has not paid the principal, interest or delay damages of the above loan.

In the case of each real estate listed in paragraphs 1, 2, and 4 of the attached list (hereinafter referred to as "real estate 1 of this case"), the real estate listed in paragraph 1 of this case shall be referred to as "real estate 1 of this case" and the remaining real estate listed in the attached list shall be referred to as "the real estate 1 of this case" in the attached list shall be referred to as "the real estate of this case"

A) The first, second, and fourth real estate of this case was originally owned by E. The debtor E and the mortgagee F (the husband of the defendant A) on the ground of the contract to establish a right to collateral security on March 20, 1998.

(2) On August 24, 1998, the maximum debt amount of which was KRW 80,000,000 (hereinafter “instant right to collateral security”) was established (hereinafter “instant right to collateral security”).

2) E and his spouse, G, H, Defendant A, C, I, and IV, under the chain.

E Deceased died on July 7, 2013, and G completed the registration of ownership transfer on January 8, 2014 with respect to the instant real estate Nos. 1, 2, and 4 due to a consultation and division.

3) G on July 18, 2014, G completed the registration of ownership transfer on the instant third real estate on July 18, 2014, based on sale and purchase on July 18, 2014. (4) G died on November 13, 2014.

H, Defendant A, C, and I on December 22, 2014, each of the instant real estate, the inherited property of which is the inherited property, was subject to an agreement on the division of inherited property with the content that Defendant A’s sole ownership (hereinafter “instant agreement on division”); and Defendant A on December 26, 2014, with respect to each of the instant real estate on December 26, 2014.

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