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(영문) 수원지방법원안양지원 2017.07.19 2016가단102939
사해행위취소
Text

1. As to shares 2/11 of the real estate listed in the Schedule,

A. The Defendant and Nonparty B concluded on May 22, 2013.

Reasons

1. On November 23, 2012, the Plaintiff concluded an export credit guarantee agreement with C Co., Ltd. (hereinafter “Non-Party Co., Ltd”) on the joint and several surety of B (hereinafter “Non-Party Co., Ltd.”) (the Plaintiff’s credit guarantee agreement with respect to the export transaction of non-Party Co., Ltd.).

On March 6, 2013, the Plaintiff subrogated for a bank loan of a non-party company, and acquired the claim for reimbursement of KRW 276,894,290 against the non-party company and its joint and several liability.

Since then, the plaintiff filed a lawsuit against B and the non-party company seeking the payment of the above indemnity amount, and the Seoul Central District Court rendered a final and conclusive judgment on October 16, 2013 that "B and the non-party company, etc. jointly and severally pay to the plaintiff KRW 276,894,290 and its delay damages."

B The network D (hereinafter “the deceased”) died on October 26, 2012. At the time, there was E, F, B, and G, the Defendant and his children, who were the wife of the deceased.

On May 22, 2013, the deceased’s successors agreed to divide the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the deceased into the Defendant solely as the ownership of the Defendant. Accordingly, the instant real estate was completed on July 8, 2013 by the Suwon District Court, Anyang Branch of the Suwon District Court, which received on July 8, 2013, the ownership transfer registration was completed in the Defendant’s future.

A certified copy of the register of the instant real estate stated the grounds for registration as the inheritance by agreement division on October 26, 2012, but this reflects the effect of the agreement on division of the inherited property on May 22, 2013, which was the commencement date of inheritance, retroactively from October 26, 2012, which was the commencement date of inheritance.

B around May 2, 2013, around May 22, 2013, no particular property was owned except for the inheritance shares of the instant real estate, and a large number of monetary liabilities against the Plaintiff, in addition to monetary liabilities against the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5 (including paper numbers), and Eul evidence No. 7-1.

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