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(영문) 서울동부지방법원 2018.08.29 2017가단111612
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 19, 2012, the Plaintiff: (a) acquired a loan claim to the Komato2 Savings Bank B; and (b) applied for a payment order against B with the Seoul Central District Court No. 2015Da62066 against the Plaintiff.

On January 11, 2016, the court ordered the Plaintiff to pay 10,886,630 won and 8,837,382 won among them at the rate of 22% per annum from October 19, 2012 to the date of full payment, and the above payment order was finalized on February 2, 2016.

B. On June 22, 2013, B’s attachment C (hereinafter “the deceased”).

As the inheritor of the deceased, there are the defendant (the spouse's shares 3/9), the South-North (2/9), the women D(2/9), and the women E(2/9).

C. On April 7, 2014, the deceased’s inheritors completed the registration of transfer of ownership under the Defendant’s sole name on the ground of inheritance by agreement division on June 22, 2013.

B In addition to the portion of inheritance for the instant real estate at the time of the instant consultation, some real estate and motor vehicles were owned (a total of KRW 310 million) in addition to the portion of inheritance for the instant real estate, but was in excess of obligations due to the burden of debts equivalent to KRW 2 billion, such as financial rights liabilities.

E. On the other hand, on November 14, 201, with respect to the instant real estate, the right to collateral security (hereinafter “mortgage”) was established on the debtor, the deceased, the mortgagee-mortgaged Saemaul Depository, the maximum debt amount of 845,00,000 won (on the other hand, the maximum debt amount of 650,000 won).

F. On October 22, 2014, the Defendant completed the registration of change of the right to collateral security, which changed the debtor to the defendant (the cause of registration is the acquisition of contracts as of October 21, 2014) on October 22, 2014 after the instant consultation.

G. At the time of the instant consultations, the publicly notified price of the instant real estate is KRW 1,115,280,000, and the present publicly notified price is KRW 1,365,320,000.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, each entry of 6 evidence (including provisional number), the purport of the whole pleadings

2. Claim:

A. The plaintiff B.

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