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(영문) 수원지방법원성남지원 2016.06.17 2015가단25579
사해행위취소
Text

1. On January 19, 2012, the Defendant and Nonparty B concluded on January 19, 201 with respect to the share of 1/4 of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 22, 2001, Nonparty B obtained a loan of KRW 2,00,000 (including interest; hereinafter “instant loan claim”) from the Yongsan Mutual Savings Bank Co., Ltd. (hereinafter “Pung Mutual Savings Bank”); on October 28, 2002, the Korea Asset Corporation acquired a large number of claims against the instant loan claims and other financial institutions from the Pung Mutual Savings Bank, including the instant loan claims.

B. On June 13, 2006, the Korea Asset Corporation filed a lawsuit against Suwon District Court for the claim for acquisition of the loan including the claim for the loan of this case with respect to Suwon District Court Sung-nam Branch (2006Kadan11929). On June 13, 2006, the said court rendered a favorable judgment (53,727,82 won and damages for delay) of the Korea Asset Corporation, and the said judgment was finalized on August 2, 2006.

C. On September 18, 2012, the Plaintiff acquired the instant loan claim from the Korea Assets Corporation, and notified the Plaintiff on May 30, 2015.

The instant loan that the Plaintiff acquired is KRW 6,669,787 as of August 24, 2015 (i.e., principal interest of KRW 1,498,751 in overdue interest of KRW 834,783 in advance of purchase).

On January 19, 2012, Nonparty C died, and at the time, Defendant B, D, and E, who was the deceased’s heir, was the child, and as inherited property, the real estate listed in the separate sheet (hereinafter “instant real estate”).

E. On January 19, 2012, the aforementioned inheritors, including the Defendant, entered into an agreement on the division of inherited property to solely inherit the instant real estate (hereinafter “instant agreement on the division of inherited property”). On May 18, 2012, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”). On January 19, 2012, the Defendant entered into an ownership transfer registration based on inheritance by agreement division (hereinafter “instant ownership transfer registration”).

F. B was insolvent at the time of the instant agreement on the division of inherited property, and one-fourth share of inherited real estate was the only property.

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