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(영문) 서울중앙지방법원 2017.07.14 2016나81644
사해행위취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The instant real estate was owned by G, and G died on March 29, 2010.

F, a heir of G, shall approve the inheritance limited period, and completed the registration of ownership transfer on October 27, 2010 on the instant real estate by inheritance.

The nine creditors of G including the Plaintiffs (hereinafter “Plaintiffs, etc.”) filed a lawsuit against F on November 8, 201 against the Seoul East Eastern District Court 201Gahap1544 decided November 8, 201.

In the above lawsuit, the plaintiffs et al. stated the location of the real estate of this case at F's domicile.

In the F’s reply on December 9, 2011, the F asserted that “self-reliance solely succeeded to G, and on July 6, 2010, the Seoul Family Court 2010 Madan5088, issued a judgment on acceptance of a report on limited acceptance of inheritance, which was handed down by the Seoul Family Court,” and the Plaintiffs amended the purport of the claim in accordance with the aforementioned defense on February 23, 2012.

On March 27, 2012, F rendered a judgment to the effect that “F shall pay each of the plaintiffs, etc. 5 million won and delay damages therefor within the scope of inherited property from G,” and the said judgment became final and conclusive around that time.

Meanwhile, in December 2011, the Plaintiffs, etc. filed an application for provisional seizure of real estate with the amount claimed as Seoul Eastern District Court 201Kadan9671, a total of KRW 495 million, and received a decision of provisional seizure of real estate from the said court on December 23, 2011.

On December 9, 2011, F entered into a mortgage agreement with Defendant D with the maximum debt amount of 390,00,000,000 won with respect to the instant real estate, the debtor F, and the defendant D with the mortgagee (hereinafter “instant mortgage agreement”), and the Seoul East East District Court issued the registration office of the establishment of a mortgage (hereinafter “the establishment of a mortgage agreement of this case”) as of December 9, 201 with the Seoul East East District Court No. 77120, Dec. 9, 201.

Defendant D transferred the above collateral security claim to Defendant E on May 15, 2012, and registered the transfer of the above collateral security (hereinafter referred to as “the registration of the transfer of the above collateral security”) with the receipt of No. 26637 of May 16, 2012.

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