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(영문) 창원지방법원통영지원 2019.01.08 2018가단26108
사해행위취소
Text

1. The inherited property entered into on August 15, 2017 with respect to one-fourth share of the real estate listed in the separate sheet between the defendant and D.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff entered into a credit transaction agreement with the F Bank. D and G joint and several debt owed to the F Bank. The Plaintiff’s credit transaction agreement was terminated due to the Plaintiff’s failure to pay the principal and interest of loan to the F Bank. The Plaintiff’s claim for transfer of credit to F Bank E, D, and G was filed with the Gwangju District Court on October 28, 2015, stating that “E, D, and G were jointly and severally and severally liable to the Plaintiff for payment of KRW 50 million and its related amount from August 3, 2013 to June 15, 2015, and that the amount of loan payment was determined at the rate of 14% per annum from August 3, 2013 to June 15, 2015 to 10% per annum 15% per annum.”

B. On August 15, 2017, H died on the division agreement between the Defendant and D, and his heir were due to the Defendant, D, I, and J (hereinafter “instant real estate”). On February 14, 2018, the registration of transfer of ownership was completed on the ground of “the inheritance by an agreement and division as of August 15, 2017” in the Defendant’s name as to the said real estate, based on the real estate’s inherited property as of the Defendant, D, I, and J, a child. 2)

(hereinafter referred to as “instant division agreement” between the Defendant and D.

1) On February 14, 2018, the Defendant completed the registration of ownership transfer with respect to the instant real estate on the grounds of sale and purchase as of February 6, 2018. 2) Meanwhile, on the instant real estate, the registration of ownership transfer was established with respect to the instant real estate under the name of the Korea Housing Finance Corporation (hereinafter “instant mortgage”). On January 17, 2017, the establishment of a mortgage amounting to KRW 862 million with respect to the maximum debt amount (hereinafter “instant mortgage”) was established, and the said mortgage was cancelled on February 14, 2018.

3. At the time of cancellation of the instant collateral security, the amount of the secured debt was KRW 128,948,131, and that was around February 9, 2018.

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