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(영문) 서울북부지방법원 2019.06.25 2018가단115914
사해행위취소
Text

1. The inherited property concluded on June 27, 2016 with respect to the 2/9 shares of the real estate listed in the separate sheet between C and the Defendant.

Reasons

1. Basic facts

A. On November 10, 2015, C did not pay interest amounting to KRW 7 million. On December 23, 2016, the Plaintiff filed a lawsuit against C on the claim for the amount of the loan, and filed a lawsuit against C on July 19, 2017, “C shall pay the Plaintiff the amount of 8,271,276 won and 6,973,266 won with 34.9% interest per annum from March 9, 2017 to the day of full payment,” and the said judgment became final and conclusive (Seoul Northern District Court Decision 2017Da45290, Nov. 11, 2015) C received a loan from the Plaintiff and paid the interest amount of KRW 10,000,000,000 to the Plaintiff, and the Plaintiff acquired the loan amount of KRW 105,00,000,000,000 from KRW 105,000,00.

As of April 3, 2018, the Plaintiff’s claim amount based on the judgment stated in the above paragraph (1) is KRW 10,929,465 ( principal 6,973,266) as of April 3, 2018, and the Plaintiff’s claim amount based on the judgment stated in the above paragraph (2) is KRW 15,698,304 ( principal 10,000), and the sum of both claims is KRW 26,627,769 (10,929,465 won 15,69,698,304 won). (b) The Defendant’s disposal disposition 1) is the spouse of the deceased on February 16, 2016 (hereinafter “the deceased”), and the Plaintiff’s claim amount based on the judgment stated in the above paragraph (2) is the inheritance portion of each Defendant’s wife’s wife’s wife and children, including C’s children.

2) On June 27, 2016, the deceased’s successors are real estate listed in the separate sheet (hereinafter “instant real estate”).

(1) The agreement on division of inherited property with the sole ownership of the Defendant (hereinafter “instant agreement on division”) is called the agreement on division of inherited property.

B. On February 16, 2016, the registration of transfer of ownership in the name of the defendant was made on July 5, 2016 due to inheritance by agreement division.

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