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(영문) 수원지방법원 2021.03.31 2020가단564563
사해행위취소
Text

1. (a) With respect to the share of 4/44 out of the real estate listed in paragraph 1 of the attached Table No. 1 between Defendant B and F (G life), as of October 10, 2017.

Reasons

1. The facts of recognition H married with Defendant E and produced F, Defendant B, C, and D between 1954 and 1968.

H On November 2, 1964, on the land listed in paragraph (1) of [Attachment List No. 1] (hereinafter “instant land”), the registration of transfer of ownership was completed. On February 28, 2012, H completed the registration of transfer of ownership on the building listed in Annex List No. 2 (hereinafter “instant apartment”).

F was loaned by the I Co., Ltd. on March 21, 2016 at the rate of KRW 10 million on July 13, 2018 and at the rate of 27.9% per annum.

H A On January 29, 2017, upon the death of January 29, 2017, Defendant E, his spouse, and Defendant B, C, and D jointly inherited each of 2/11.

F and the Defendants jointly inherit 2/4 of the instant land on October 10, 2017 to Defendant B, and 1/4 of the instant land by Defendant C and D, respectively, and inherited the instant apartment by Defendant E alone, thereby having been in excess of their obligations at that time.

F entered into an agreement on the division of inherited property with a content that does not entirely inherit H’s property (hereinafter “instant agreement”). Upon the agreement of this case, on October 11, 2017, Defendant B completed the registration of transfer of ownership on each of the instant land owned by Defendant B, Defendant C, and D based on inheritance by division. Defendant E completed the registration of transfer of ownership on October 11, 2017 on each of the instant apartment land based on inheritance by division.

According to the agreement of this case, F intended to each share of 4/44 of the land of this case to Defendant B, each share of 2/44 of the land of this case to Defendant C and D, and 2/11 of the apartment of this case to Defendant E.

I transferred F’s credit to the Plaintiff on October 26, 2018, and notified F of the transfer on December 19, 2018.

The Plaintiff shall issue a payment order against F to seek the payment of the loans that the Plaintiff acquired as above.

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