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(영문) 인천지방법원 2016.01.13 2014가단84038
사해행위취소
Text

1. It was concluded on January 8, 2014 with respect to the shares of 2/9 out of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. On July 4, 2005, the Plaintiff was transferred a loan claim against Nonparty B (hereinafter “instant claim”) from the New Bank of Korea Co., Ltd. (B) (B) (B).

B. The Plaintiff filed a lawsuit against B on October 8, 2007 with the Seoul Central District Court Decision 2007Gau2264040, and was sentenced by the above court to the effect that “B shall pay to the Plaintiff KRW 26,240,544, and damages for delay thereof,” and the above judgment was finalized on October 30, 207, and as of December 19, 2014, the Plaintiff’s claim against B with respect to the instant claim against B is KRW 48,745,463 in total.

C. The deceased on January 8, 2014, who is the father of B (hereinafter “the deceased”), died on January 8, 2014, and the deceased’s wife was the inheritor, B, D, and E, and the above inheritor made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”). Accordingly, the registration for the transfer of ownership in the name of the defendant was completed due to the inheritance due to the division as of February 20, 2014 as of the Incheon District Court No. 6886, No. 6886, Jan. 8, 2014.

At the time of the consultation on the division of the inherited property of this case, B had no particular property other than the share of 2/9 regarding the real property of this case

E. Meanwhile, on February 17, 2015, the Plaintiff, while continuing the instant lawsuit, transferred the instant claim to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”), and notified the transfer of claim to B around April 17, 2015.

[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 8 (including a branch number if there is a branch number), and the fact-finding results to the head of Gyeyang-gu Office of this Court, the purport of the whole pleadings

2. The Plaintiff’s judgment on the Plaintiff’s claim is based on the premise that the Plaintiff’s claim against B exists.

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