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(영문) 광주지방법원순천지원 2015.11.12 2014가단19664
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Korea Exchange Bank Co., Ltd., Ltd. (hereinafter “Korea Exchange Bank”) since July 15, 2004 (hereinafter “Korea Exchange Company”).

B) A company credit transaction agreement was concluded within a limit of KRW 50 million, and B covered up to KRW 65 million, and thereafter, the non-party company did not pay the loan. (2) After which the Korea Exchange Bank took over the guarantee claim based on the above company credit transaction guarantee agreement from the Korea Exchange Bank, and thereafter filed a lawsuit against B on the claim for the transfer amount under the Seoul Central District Court 2008Kadan158494, and “B shall jointly and severally with the non-party company within a limit of KRW 65 million and pay damages for delay to KRW 38,621,34.” The above judgment became final and conclusive at that time.

3) On November 1, 2010, the Plaintiff acquired monetary claims against B based on the final and conclusive judgment against the social company Dongyang-dong Social Co., Ltd. (hereinafter “instant money claim”).

(B) The notification of the assignment of claims reached B on January 8, 2014. B B’s father C (hereinafter “the deceased”) died on June 20, 2012. At the time of death, each of the real estate listed in the separate sheet (a total amount of KRW 1,538,700) as inherited property was owned by the Defendant, B, D, and E jointly inherited property.

2) On June 20, 2012, the deceased’s successors shall consult on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the ownership of each real estate listed in the separate sheet will be reverted to the Defendant’s future.

B. On July 5, 2012, the Defendant completed each registration of ownership transfer based on the agreement on the division of the inherited property of this case as the receipt of the 13019 registry office for the Gwangju District Court's Madcheon Branch.

C. Insolvent B, at the time of the agreement on the division of the inherited property of this case, is excluded from the inheritance shares of 1/4 of each immovable property listed in the separate sheet.

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