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(영문) 인천지방법원 2017.09.05 2016가단234318
사해행위취소
Text

1. On March 4, 2013, each of the real estate listed in the separate sheet between the Defendants and D was concluded on March 4, 2013.

Reasons

1. Basic facts

A. The Plaintiff filed a payment order against D on the ground that “D was granted a loan from the Industrial Bank of Korea after entering into a credit guarantee contract with the Plaintiff, but the Plaintiff was subrogated to the Industrial Bank of Korea.” The Suwon District Court issued a payment order against D to the Suwon District Court for the payment of KRW 12,157,460 as of March 16, 2010 and KRW 11,884,820 as to the Plaintiff and KRW 17% per annum from March 10, 2010 to March 24, 2010, and KRW 20% per annum from the next day to the date of complete payment.” D did not raise any objection against the original payment order on March 24, 2010, and thus, it became final and conclusive around that time.

(hereinafter “instant payment order”). B.

D’s father, E (hereinafter “the deceased”) died on January 7, 2013. As co-inheritors of the deceased, the Defendants, D, and Non-Party F (Inheritance 1/5, each of whom was the lineal descendants of the deceased, on March 4, 2013, as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”), which is inherited property on March 4, 2013, the following: “The Defendant succeeds to one-third equity shares, and D and F waive waives inheritance” (hereinafter “instant divided agreement”); accordingly, on March 5, 2013, the Incheon District Court received a request from the Incheon District Court, and completed the registration of ownership transfer of each of the Defendants’ respective 1/3 equity shares.

C. With respect to the instant real estate, prior to the instant partition consultation, the maximum debt amount was already set at KRW 58,500,000, the debtor, the deceased, and the National Bank of Korea, Co., Ltd., Ltd., and the secured debt amount at the time of the instant partition consultation was KRW 29,972,681, which was paid on July 25, 2014 (=29,993,390 (=29,972,681 interest interest interest interest) and the National Bank of Korea was paid on KRW 20,709).

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