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(영문) 서울중앙지방법원 2019.11.07 2019가단5003151
사해행위취소
Text

1. On March 24, 2018, the Defendants and Nonparty E with respect to 2/66 shares of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) E entered into a credit transaction agreement with F Co., Ltd. on October 22, 2014, and borrowed KRW 55,00,000,00, but the F Co., Ltd. failed to pay its principal and interest at the time of offering the principal and interest, thereby losing the benefit of time. 2) The F Co., Ltd. was affirmed on October 14, 2015, by filing a lawsuit against E for a loan claim claim by Seoul Southern District Court 2015Kadan21930, and rendered a judgment against E on October 14, 2015, “E shall pay to the Plaintiff 62,091,586 won and 55,801,206 won with interest calculated at the rate of 24.9% per annum from July 24, 2015 to the date of repayment.”

3) On May 29, 2018, the Plaintiff: (a) transferred all of the claims established by the FF Company’s judgment against E; and (b) notified E of the assignment of the claims; (c) the amount of claims that the Plaintiff acquired against E as of January 4, 2019, is the principal amount of KRW 55,801,206, interest amount of KRW 50,977,05, and the sum of which is KRW 106,778,261.

B. A disposal of shares due to the division of inherited property through consultation on inherited property 1) net G (hereinafter “the deceased”).

(2) On March 24, 2018, the deceased died, and there were E and Defendants, the wife H and children, as his inheritor. (2) The deceased owned one half of the shares of real estate listed in the attached Table (hereinafter “instant inherited property”).

3) On March 24, 2018, H, E, and the Defendants, the inheritor of the Deceased, are the agreement on the division of inherited property with the content that the instant inherited property is jointly owned by the Defendants, a part of the co-inheritors (hereinafter “instant division agreement”).

B and I completed the registration of ownership transfer on March 24, 2018 by the Seoul Central District Court on August 29, 2018, No. 157387, which was received on August 29, 2018, with respect to the share of 25/200 of the real estate listed in the separate sheet, and the share of 50/20 of the real estate listed in the separate sheet.

C. Debt Excess E does not have any particular property at the time of the instant division consultation and includes the obligation to return the principal and interest of loan to the Plaintiff.

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