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(영문) 서울북부지방법원 2017.04.14 2015가단144515
사해행위취소
Text

1. Of the instant lawsuit, the part of the claim against Defendant A shall be dismissed.

2. The Plaintiff’s claim against Defendant B and C.

Reasons

1. Facts of premise;

A. The Korea City Bank, Inc., filed a lawsuit against Defendant A seeking the return of the loan amounting to KRW 32,00,000,000 (No. 5, 2013, Nov. 5, 2013, and interest rate of loan 18%) (hereinafter “loan claim”).

B. On November 18, 2009, the said bank received a judgment in favor of the said court (hereinafter “instant judgment”) and the said judgment became final and conclusive on January 7, 2010, it transferred the said loan claim to the Plaintiff on September 25, 2014.

C. The Korea City Bank, Inc., filed an application with Defendant A for a notification of the assignment of claims by public notice with the Suwon District Court 2016Kao435 declaration, and the subsequent decision of acceptance was served on Defendant A.

On the other hand, D, the owner of the real estate listed in the separate sheet, died on July 20, 2012, and the heir died on July 20, 2012, there was Defendant B (the heir’s share 3/11), Defendant C, E, and C (the above inheritance shares 2/11).

E. On November 2012, Defendant A, along with other inheritors, entered into an agreement on division with respect to the said real estate jointly owned by the Defendants (hereinafter “instant agreement on division”).

F. Under the above division agreement, the Defendants completed the registration of ownership transfer on July 20, 2012 with respect to the real estate stated in the separate sheet on November 5, 2012, on the grounds of inheritance by consultation and division (in the application for registration, the date of the death of the decedent, not the actual date of the division of consultation, was stated retroactively to the date of the death of the decedent).

[Ground for Recognition] : Facts without dispute, entries in Gap 1, 2, 4-8 evidence (including above number), the whole pleadings, the purport of the whole pleadings, and significant facts in this court

2. Determination as to the claim against Defendant A

A. A final and conclusive judgment shall also take effect on a successor subsequent to the closure of pleadings, in addition to the parties (Article 218(1) of the Civil Procedure Act). A pecuniary claim of a judgment ordering monetary payment after the closure of pleadings is taken over.

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