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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 has a claim for payment of KRW 4,147,523 to Nonparty B and KRW 1,052,642 to Nonparty B at the rate of 19% per annum from January 1, 2014 to full payment.
(G) Daegu District Court 2014 Ghana208348).(b)
Attached Form
The real estate indicated in the list (hereinafter “instant real estate”) was owned by Nonparty C, the father of Nonparty B, but at around November 9, 2003, the mother, upon the death of C, succeeded to inheritance by agreement division and registered inheritance around June 2, 2005, but around April 28, 2010, according to the judgment of revocation of fraudulent act filed by the Seoul Guarantee Insurance Co., Ltd., D’s ownership shares were 9/11, and B’s shares were 2/11 shares.
C. Accordingly, Seoul Guarantee Insurance Co., Ltd. applied for the compulsory auction procedure against B’s above 2/11 shares on May 10, 2010, and entered the registration of the decision to commence compulsory auction against B/11 shares. In addition, Seoul Guarantee Insurance Co., Ltd. made a provisional attachment against B/1 shares on October 20, 2010, and Daegu Metropolitan City Dong-gu made a disposition of arrears against B/11 shares on August 22, 2014.
D Around September 8, 2013, when inheritance was commenced but the inheritance registration was not made, B sold the instant real estate, one of its sole real estate, to the Defendant around September 23, 2014. On the same day, B paid the debt to the Seoul Guarantee Insurance Co., Ltd. (a debt reduced or exempted) and the delinquent tax in Daegu Metropolitan City, which was paid from the Defendant, to the Defendant, and applied for the procedure of cancelling the attachment registration of the Seoul Guarantee Insurance Co., Ltd., and completed the inheritance registration in its name and the registration of ownership transfer against the Defendant on September 25, 2014.
C. In addition, B is the purchase price received from the Defendant and the real estate in this case.