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(영문) 수원지방법원여주지원 2020.05.12 2019가단6593
사해행위취소
Text

1. The inherited property concluded on July 22, 2019 with respect to 2/17 shares in the attached Form between the defendant and the non-party C.

Reasons

In fact, on May 31, 2001, D Co., Ltd. with respect to the Plaintiff’s claim for the amount of the transfer money against E loaned KRW 6040,000 to E on December 31, 201, at the rate of 17% per annum, and C guaranteed the above loan obligation to D Co., Ltd on the same day.

D Co., Ltd. transferred to F Co., Ltd the above principal and interest of loans to E on October 24, 2003, and the above joint and several debt claims to F Co., Ltd., and F Co., Ltd transferred all of the above claims to the Plaintiff on the same day.

The Plaintiff notified E and C of the transfer of each of the above claims.

The Plaintiff filed an application with this court for a payment order seeking the payment of the above acquisition amount against C as the court 2010 tea634.

Accordingly, on October 5, 2010, this court ordered the Plaintiff to pay “C shall pay to the Plaintiff 6,40,000 won with 17% per annum from October 25, 2003 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of full payment.”

The above payment order was served to C on October 12, 2010, and was finalized on October 27, 2010.

C The maternal G of the dispositive act C (hereinafter “the deceased”) died on July 22, 2019.

As the inheritor of the deceased, I, J, K, L, M, C and the Defendant, who are the spouse, and the deceased’s inherited property, there are real estate listed in the attached Form (hereinafter “instant real estate”).

C Inheritance shares are 2/17.

On July 22, 2019, the deceased’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) to have the instant real estate owned solely by the Defendant, and accordingly, the Defendant completed the registration of ownership transfer on September 10, 2019.

C’s excess of debt C was in excess of debt at the time of the instant split-off agreement.

[Based on recognition] The non-contentious facts, Gap evidence Nos. 1-7 (including the number of branch offices; hereinafter the same shall apply), each statement, and the purport of the whole pleadings, are recognized as the preserved claim.

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