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(영문) 서울북부지방법원 2018.05.15 2017가단120193
사해행위취소
Text

1. The inherited property concluded on October 8, 2014 with respect to the share of 4/15 among the real property listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against B, etc. with Seoul Central District Court Decision 2012Da5030192, which rendered a judgment on June 28, 2012 that “B, etc. shall jointly and severally pay to the Plaintiff 153,930,674 won and 153,930,602 won among them, with 153,930,602 won, with 15% per annum from March 13, 2012 to May 18, 2012, and 20% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive on July 17, 2012.

The principal and interest as of June 1, 2017 is KRW 253,939,923.

B. A, his father, B, owned the instant real estate and died on May 11, 2014.

C. C’s heir was Defendant, D, and B, who were their children, and they entered into an agreement on division of inherited property that the Defendant independently agreed to inherit the instant real estate on October 8, 2014 (hereinafter “instant agreement on division”). Accordingly, the Defendant completed the registration of ownership transfer regarding the instant real estate on the same day.

B At the time of the instant split-off consultation, it was in excess of its obligation without any property, other than its own inheritance shares.

E. At the time of the instant partition consultation with respect to the instant real estate, the establishment registration of the instant real estate was completed under the name of our bank (hereinafter “Korea bank”), the maximum debt amount of KRW 240,000,000,000, and the said establishment registration was revoked on November 21, 2014 following the instant partition consultation.

F. On November 15, 2010, C’s former wife E, representing C, entered into a lease agreement with F to lease the instant real estate with a deposit of KRW 330,00,000, and two years from December 3, 2010. The F completed the move-in report on the instant real estate on December 3, 2010 and received the fixed date, and thereafter the said lease agreement was explicitly renewed.

[Ground of recognition] Unsurged facts, Gap evidence 1 to 3, Eul evidence 12, 14, 15, 18, 18.

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