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(영문) 전주지방법원 2016.08.11 2014나614
사해행위취소
Text

1. The plaintiff's primary claim added in the trial is dismissed.

2. The plaintiff's ancillary.

Reasons

1. Basic facts

A. On May 19, 197, the Plaintiff loaned 25,000,000 won to B, who was the Defendant’s misleading, as of May 19, 1997, at interest rate of 17.25% per annum, at interest rate of 22% per annum, and on November 19, 198.

B, as the Plaintiff did not repay the above loans, the Plaintiff filed a lawsuit for the loan claim with the Jeonju District Court Branch of 2009Kadan8074 with the Defendant, and the judgment of the court below that B shall pay the Plaintiff 74,194,914 won and 24,000,000 won with the interest rate of 19% per annum from May 5, 2009 to the date of full payment.

According to the above judgment, the Plaintiff has a claim for loans equivalent to KRW 92,406,659 against B as of May 28, 2013.

B. Each real estate listed in the separate list of the agreement on the division of inherited property between the Defendant, B, etc. (hereinafter “instant real estate”) was owned by the net F (hereinafter “F”). As F died on October 18, 201, F’s co-inheritors, F’s child B, H, Defendant, and I, as F’s co-inheritors, agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the effect that all of the instant real estate is to be inherited by the Defendant on April 18, 2012. Accordingly, the Defendant completed the registration of transfer of ownership on the instant real estate due to inheritance by agreement division on April 18, 2012.

C. Circumstances 1) B B B B before and after the division of the inherited property of this case (hereinafter “instant building”) in Gunsan-si

Although Eul owned the building in this case, the appraisal value of the building in this case was assessed to KRW 181,440,900 in the real estate auction procedure commenced by the Jeonju District Court Gunsan Branch G on October 22, 2010 regarding the building in this case, while the appraisal value of the building in this case was assessed to KRW 181,440,900, the maximum debt amount was KRW 230,000,000 in the registration of creation of a neighboring mortgage over the building in this case

B At the time of the split-off consultation of the inherited property of this case.

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