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(영문) 대전지방법원 2015.07.16 2013가단16630
사해행위취소에 따른 가액배상청구권
Text

1.(a)

On December 29, 2010, 2010, 2/13 shares of each real estate listed in the separate sheet between the defendant and A are concluded.

Reasons

1. Facts of recognition;

A. The NongHyup Bank Co., Ltd. (1) The NongHyup Bank Co., Ltd. (hereinafter referred to as the “ NongHyup Asset Management Company”) in arrears with the credit card use price.

(2) On June 21, 2013, the said court rendered a judgment that “A shall pay A money calculated at the rate of 25% per annum from February 1, 2013 to 39,753,428 and from February 1, 2013 to 39,34,975 won (i.e., principal KRW 11,401,096 interest 15,943,879) to A, and (ii) The Agricultural Asset Management Company filed a lawsuit against A for the claim for acquisition of credit cards with the Daejeon District Court 2013Da35205.”

The above judgment became final and conclusive on July 20, 2013.

B. Division Consultation between the Defendant and A, etc. 1) A’s network D (hereinafter “the deceased”).

As the deceased died on December 29, 2010, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased on December 29, 2010 by E, F, G, H, H, and A, as co-inheritors of the deceased, who are the wife of the deceased and their children, as co-inheritors of the deceased.

2) The agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) that the Defendant agreed to inherit as a result of the Defendant’s crackdown.

Accordingly, on May 24, 201, the Defendant filed for the registration of ownership transfer on the grounds of inheritance due to the division as of December 29, 2010 (hereinafter “each registration of ownership transfer of this case”).

(2) On the other hand, A did not have any property other than the inheritance share on each of the instant real estate at the time of the agreement on the division of inherited property.

C. Circumstances 1) On each of the instant real estate before and after the consultation on the division of inherited property, the joint collateral security (hereinafter “the first collateral security”) that is the debtor, the deceased, and the deceased, and the Saemaul Depository of Daejeon, on December 28, 2005.

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