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(영문) 서울중앙지방법원 2017.08.10 2016가단111964
사해행위취소 등
Text

1. An agreement on the division of inherited property on July 3, 2015 on shares in 1/9 of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 6 (including paper numbers) and all the arguments.

The Korean Standards Bank Co., Ltd. (hereinafter “Korea Standards Bank”) established and lent 7,000,000 won to B on October 20, 2006 as of October 21, 201.

B. On November 18, 2009, the Seoul Central District Court rendered a judgment on “B shall pay to the Social Co., Ltd. Co., Ltd. 5,31,371 won and 4,716,617 won, calculated at the rate of 20% per annum from November 11, 2009 to the full payment date,” and the above judgment became final and conclusive.

C. On November 1, 2010, 2010, the Social Co., Ltd. (formerly changed: Tyman Loan Co., Ltd.) notified B of the fact of the transfer on November 17, 2010.

(As above, B’s claim against B acquired by the Plaintiff is referred to as “this case’s claim”).

The amount of the claim against the plaintiff B is KRW 11,756,308 as of August 31, 2016 according to the Seoul Central District Court Decision 2009Da2049498 [=4,716,617 won x 20% ± 365 x 2486 days (the number of days from November 11, 2009 to August 31, 2016).

E. B’s mother C died on November 5, 2013 and succeeded to the deceased at the ratio of 1/9 of each of the 1/9 of D, Defendant A, E, F, G, H, I, J, and B’s children.

F. On July 3, 2015, the deceased C’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant’s sole ownership of the real estate listed in the separate sheet owned by the deceased C, and completed the registration of ownership transfer on July 10, 2015.

G. Meanwhile, at the time of the deceased C’s death, entry in the separate sheet.

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