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(영문) 수원지방법원 2017.02.09 2016가단536981
사해행위취소
Text

1. Revocation of fraudulent act within the scope of KRW 1,500,000 with respect to real estate stated in the separate sheet among the instant lawsuits, and

Reasons

1. Basic facts

A. On February 22, 2001, the Daeyang Mutual Savings Bank Co., Ltd. leased KRW 1 million to B. The trustee in bankruptcy of the Daeyang Mutual Savings and Finance Company Co., Ltd. (Seoul District Court 2005dada194859), on September 28, 2005, “2,276,116 won and 1,034,212 won out of the above amounts, which are 30% annual interest rate from August 25, 2005 to the full payment period,” and the above decision was finalized on Nov. 20, 2005. The Plaintiff received the above bonds as the total of KRW 1,034,146,167, 107, 207, and 30% interest from the principal, 2005 to the full payment period. As of September 8, 2016.

B. The division consultation of the inherited property of this case 1) The father B’s father-C (hereinafter “the deceased”).

(1) The real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

(2) On September 19, 2014, the Defendant, a co-inheritors of the deceased, died on September 19, 2014. (2) At the time of the split-off agreement on the inherited property that the Defendant decided to inherit the instant real property solely (hereinafter “instant agreement on split-off of inherited property”). Accordingly, the Defendant completed the registration of ownership transfer on December 19, 2014 as to the instant real property on the ground of inheritance by agreement split-off on September 19, 2014.

C. At the time of the split-off consultation, B, at the time of the instant split-off consultation, had been liable to a number of financial institutions including the Plaintiff, including the Plaintiff at the time of the instant split-off consultation, but at that time, there was no other real estate owned except the inheritance shares of the instant real estate, and there was no particular positive property. (2) The Defendant received documents related to the bad credit standing related to B.

The Defendant, around March 16, 2015, disposes of the Defendant’s inherited property, shall be KRW 120 million to F, a lessee of the instant real property.

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