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(영문) 대구지방법원김천지원 2017.11.17 2016가합16118
사해행위취소
Text

1.(a)

On July 23, 2013, it was concluded between Defendant B and D as to each real estate listed in the separate sheet Nos. 1 to 3.

Reasons

1. Basic facts

A. The E Federation extended a loan of KRW 50 million to F on October 16, 2007, with the due date specified on December 31, 2008, and extended a loan of KRW 300 million on October 14, 201 with the due date specified on October 14, 201 (hereinafter “the instant loan”), and received reimbursement of KRW 77,981,575 out of the above principal of the loan until August 20, 2014.

B. On March 2, 2012, the E Federation transferred each of the above loans to the Plaintiff and notified F of the transfer of the above loans around March 26, 2012.

C. F: (a) died on May 22, 2012; (b) at that time, the heir was his/her spouse D, children G, and H; (c) G and H renounced renounced inheritance on August 21, 2012.

D On August 21, 2012, a qualified acceptance of inheritance was reported (Tgu Family Court Kim Jong-cheon, 2012 shot-do, 2012) and was tried on October 18, 2012.

E. On September 23, 2013, D had completed the registration of ownership transfer based on the sale on July 23, 2013, with respect to each land listed in attached Table 1-3 (hereinafter “I-dong land”) in attached Table 1-3 (hereinafter “I-dong land”) located in Defendant B.

I's land was sold to a third party at a voluntary auction (J) and Defendant B received dividends of KRW 19,414,405 in the distribution procedure of the above voluntary auction.

In addition, on December 23, 2013, D completed the registration of transfer of ownership on December 23, 2013 with respect to each of the land or shares in the attached list No. 4-6 in Kimcheon-si (the "fourth land", "five land share", "six land share" and "K land share" collectively; hereinafter collectively referred to as "K land") listed in the attached list No. 4-6 in Kimcheon-si, Kimcheon-si.

F. On November 10, 2014, the Plaintiff filed a lawsuit against D seeking the payment of the instant loan (Seoul Central District Court 2014Gahap582095, hereinafter “related lawsuit”). D asserted that “F’s inherited property was subject to a qualified acceptance as to the inherited property” in the lawsuit above, and on this basis, D’D disposes of the property to Defendant C, and then granted a statutory simple acceptance.

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