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(영문) 서울중앙지방법원 2017.10.31 2016가단132978
사해행위취소 등
Text

1. A contract is concluded on March 25, 2014 with respect to 2/15 of the shares of the land indicated in the attached Table between B and the defendant.

Reasons

1. Facts of recognition;

A. A. On March 3, 2010, E-Order Savings Bank Co., Ltd. loaned money to B on November 10, 201, May 13, 2011, and July 13, 201, and then transferred the money to the Plaintiff on June 9, 2014, and notified B of the assignment of the claim pursuant thereto.

On February 6, 2015, the judgment of Daejeon District Court 2014Gaso8437 filed a lawsuit against B and rendered a judgment ordering the Plaintiff to pay 5,430,859 won and 3,395,985 won with 20% interest per annum from January 23, 2015 to the day of complete payment. The judgment became final and conclusive as it is, that the Plaintiff shall pay the Plaintiff 5,430,859 won and 3,395 won.

According to the judgment, the amount of credit of the plaintiff is KRW 6,445,012 as of July 20, 2016.

B. C A deceased on September 29, 1986 and died on November 10, 2006, and C succeeded jointly to the shares of their children, E, F, G, H, and the Defendant, in proportion to their respective shares of inheritance.

The co-inheritors agreed on the division of inherited property with the land indicated in the separate sheet (hereinafter “instant land”) as inherited property owned by the defendant as the sole ownership of the defendant, and completed the registration of ownership transfer on March 25, 2014.

C. Meanwhile, B had no assets at the time of the agreement on the division of inherited property, and was in excess of the debt.

On July 15, 2014, the Defendant concluded a contract to establish a mortgage with respect to the instant land, and completed the registration of the establishment of a mortgage on August 8, 2014, which caused the obligor, the Defendant, and the maximum debt amount to be KRW 13 million, but changed the maximum debt amount to KRW 20 million on April 9, 2015.

E. Based on the second quarter of 2016, the value of the instant land is KRW 86,776,406, and the Defendant’s debt amount secured with the right to collateral security established on the instant land is KRW 14,93,878.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, and the result of fact inquiry about the head of the Cheongyang Agricultural Cooperatives and the head of the Cheongyang Agricultural Cooperatives, the purport of the whole pleadings

2. Determination

A. 1.6% of the instant land, which is the only property where the establishment B of a fraudulent act exceeds the debt.

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