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(영문) 서울동부지방법원 2015.10.15 2014가단111598
사해행위취소
Text

1. The inherited property of March 27, 2012 entered into between the Defendant and B, C, D, and E with respect to the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 20, 2005, the Plaintiff filed a claim for reimbursement against D, etc. at the Seoul Western District Court (2005dan3932) and was sentenced to a judgment accepting the claim of the Plaintiff on May 20, 2005. The part concerning D in the main text is as follows.

“D shall pay to the Plaintiff 315,472,374 won and 314,143,834 won among them at the rate of 18% per annum from August 29, 2000 to April 15, 2005, and 20% per annum from the following day to the date of full payment.”

B. On March 30, 2007, the deceased F completed each registration of the creation of the Korea Slick Bank Co., Ltd. (hereinafter “the instant bank”), the 360,000,000 won with respect to the instant real estate owned by it, the debtor’s right to collateral security (hereinafter “the first right to collateral security”), the maximum debt amount of 400,000,000 won with respect to the instant real estate, and the debtor’s right to collateral security (hereinafter “the second right to collateral security”) with respect to the instant real estate.

C. The F died with B, the Defendant, C, D, and E on March 27, 2012. The said children owned the instant real estate on the same day, and the remaining children agreed on the division of inherited property with the content that they did not acquire inherited property. At that time, D was in excess of its obligation. The amount of the secured debt of the deceased’s 1-mortgage was KRW 300,000,000, and the amount of the secured debt of the Defendant’s 2-mortgage was KRW 199,92,643.

On April 13, 2012, after completing the registration of ownership transfer on the instant real estate due to the inheritance due to the above consultation division, the Defendant completed the registration of ownership transfer in its future.

9. 10. The Bank of this case repaid the deceased’s first secured debt amount of KRW 299,874,966, and the Defendant’s second secured debt amount of KRW 359,442,122, and revoked the registration of establishment of each of the above secured claims.

E. At the time of the closing of the instant argument, the market value is KRW 678,00,000.

[Ground of recognition] without any dispute, Gap 1, 2, Eul 1-5, and the result of fact inquiry about the bank of this case on July 10, 2005,

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