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(영문) 부산지방법원 2020.02.13 2019가단1370
사해행위취소 등
Text

1. As to 1/3 shares of real estate listed in the separate sheet:

A. It was concluded on July 18, 2018 between Defendant and F.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) F with respect to F is about December 15, 2016 G Co., Ltd. (hereinafter “Nonindicted Company”).

() From December 15, 2016 to December 15, 2019, the term of loans shall be 20,000,000 won (hereinafter “instant loans”) by setting the loan interest rate as 9.1% per annum and setting the loan interest rate as 9.1% per annum.

(2) Around October 25, 2018, the Plaintiff received a loan from the non-party company the instant loan claim (i.e., the principal amount of KRW 11,694,823 (i.e., KRW 11,231,108, KRW 463,715), and delay damages rate of KRW 12.1% per annum) from the non-party company. Around November 13, 2018, the Plaintiff was delegated with the authority to notify the transfer and notified the transfer to the F.

B. Consultation on division of inherited property 1) The real estate listed in the separate sheet (hereinafter “instant real estate”).

) The network H (hereinafter referred to as “the network”) shall be

The deceased died on or around June 28, 2018, and the Defendant, I, and F jointly inherited the deceased’s property. 2) On or around July 18, 2018, the deceased’s inheritors entered into an agreement on the division of inherited property solely owned by the Defendant (hereinafter “instant agreement on division”). On or around December 31, 2018, the Defendant completed the registration on the transfer of ownership (hereinafter “instant registration on the transfer of ownership”) due to inheritance by division as of December 31, 2018, the Busan District Court No. 57979, Jun. 28, 2018.

C. At the time of the split-off consultation, F had no particular active property other than Jgalle II Round vehicle (hereinafter “instant vehicle”) where there is little property value and 1/3 shares equivalent to F’s inheritance among the instant real estate at the time of the instant split-off consultation, while F was liable for the instant loan obligations.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 3, the court's fact inquiry results and arguments against the Minister of Land, Infrastructure and Transport, the Busan regional headquarters of the National Health Insurance Corporation, and Busan Metropolitan City Mayor.

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