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(영문) 대구지방법원 2017.10.17 2016가단113136
사해행위취소
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) C Co., Ltd. (hereinafter “C”)

(2) On April 11, 2002, in order to obtain a trade financing loan from the National Bank, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff as of April 10, 2003, with a guarantee period of KRW 119,904,238 as well as KRW 120,00,00,00, and the guarantee period of KRW 124,2548 as of April 10, 2003, and C borrowed KRW 119,904,238 from the National Bank on the basis of the said credit guarantee agreement. Then, on April 3, 2006, C suffered a credit guarantee accident due to the delayed payment of principal and was treated as fraudulent on April 13, 2006. The Plaintiff received a request for the performance of the guaranteed obligation under the said credit guarantee agreement and received the reimbursement of KRW 124,214,548 as of November 24, 2006 from the National Bank of Korea, and received the reimbursement of KRW 28484.

B. On September 12, 2014, E died on September 12, 2014, and at the time of death, at the time of death, there was F, G, H, and I, the spouse of the Defendant, F, G, H, and I. 2) owned each of the instant real estate at the time of death. The heirs, including the Defendant and B, owned an inheritance division agreement (hereinafter “instant inheritance division agreement”). On September 12, 2014, the inheritors of the Defendant and E, including the Defendant, agreed to inherit each of the instant real estate solely by the Defendant (hereinafter “instant inheritance division agreement”).

3) On October 22, 2014, the Defendant completed the registration of ownership transfer on each of the instant real estate on the grounds of inheritance by consultation and division on September 12, 2014. (c) At the time of the consultation on the division of inherited property B, the property-related B did not have any property other than the inheritance portion for E at the time of the consultation on the division of inherited property of this case. [The fact that there was no dispute over the grounds for recognition, the entries in subparagraphs 1 through 6, and 7, and the purport of the entire pleadings

2. Determination as to the cause of action

A. According to the above facts, the Plaintiff’s claim against B of this case is examined.

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