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(영문) 수원지방법원여주지원 2016.07.13 2015가단22504
사해행위취소
Text

1. It was concluded on July 16, 2014 with respect to B shares of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The plaintiff has a claim for reimbursement as stated in the attached Form B with respect to B.

B. On February 21, 2014, B, his father C (hereinafter “the deceased”) died and succeeded to each real estate listed in the separate sheet jointly with the Defendant, her mother, D, and E (hereinafter “each of the instant real estate”). On July 16, 2014, on which debt was in excess, B decided to vest each of the instant real estate independently in the Defendant through an inheritance division agreement (hereinafter “instant division agreement”).

C. According to the instant division consultation, the registration of ownership transfer in the name of the Defendant was completed on July 17, 2014, received on July 17, 2014 from Suwon District Court Branch Branching the said real estate due to inheritance by division.

At the time of the split-off consultation, the establishment registration of a neighboring agricultural cooperative consisting of the debtor, the maximum debt amount of KRW 40,000,000 for each of the instant real estate, and vice versa, the deceased, was completed. The Defendant repaid KRW 67,939,974 for the secured debt of the said right to collateral security after the completion of the said registration of ownership transfer, and revoked due to the termination of the said establishment registration on July 28, 2014, and on the same day, the establishment registration of a neighboring agricultural cooperative consisting of the debtor as the defendant was completed.

E. From September 30, 2014, F delayed the payment of the principal and interest of loans to us bank, and G, whose representative was F, discontinued on October 22, 2014.

F. Total market price of each real estate of this case is KRW 120 million.

G. The legal portion of the deceased’s heir B’s inheritance is 2/9, and the Defendant’s legal portion of inheritance is 3/9.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 11, 14, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion B is an indemnity against the Plaintiff.

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