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(영문) 서울남부지방법원 2016.03.09 2015가단223781
사해행위취소
Text

1. On September 27, 2010, an inheritance consultation and division on September 27, 2010 between the Defendant and B shall limit to KRW 50,00,000.

Reasons

1. Facts of recognition;

A. On April 16, 2008, the National Bank of Korea loaned KRW 500 million to Seoul Press Co., Ltd., Ltd., and Section B guaranteed the above loan up to KRW 650 million. 2) U.S. A. A. B filed an application against Section B for payment order (Seoul East District Court Decision 201Da127355). On November 16, 2012, the above court ordered the Plaintiff to pay the payment order for KRW 837,299,830 to the extent that the guarantee amount does not exceed KRW 650 million and KRW 499,865,507 among them, as from November 15, 2011.

3) On July 15, 2013, the Plaintiff was assigned the foregoing loan claims by U.S. L.S. Limited Liability Company in succession. B) C was dead while holding the real estate listed in the separate sheet (hereinafter “instant building”). The heir is D and B, the wife, the Defendant, and his children.

2) On September 27, 2010, C’s successors agree on the division of inherited property to vest the instant building solely in the Defendant (hereinafter “instant division agreement”).

(C) At the time of the division consultation, the instant building was completed as of October 24, 2002 with the maximum debt amount of KRW 108,000,000 (hereinafter “the first maximum debt amount”) as of October 24, 2005, and the amount of KRW 9,600,000 (hereinafter “the second collateral mortgage”) as of October 24, 2005 with the registration office of the Seoul Southern District Court: (a) as of January 24, 201, the registration office of the Seoul Southern District Court completed the registration of the establishment of a mortgage under the name of the Defendant (hereinafter “second collateral mortgage”); (b) as of January 24, 201, the establishment of a mortgage was completed with the bank of Korea, each of the collateral security holders of the instant building (hereinafter “second collateral mortgage”); and (c) each of the collateral security registration was revoked on February 23, 2011.

2. As to the instant building after February 2, 201, the maximum debt amount of KRW 240,000,000 shall be the maximum debt amount, No. 7773, February 22, 2011.

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