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(영문) 부산지방법원 2015.08.25 2014가단246734
사해행위취소
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet:

A. On April 6, 2010, between the Defendant and B.

Reasons

1. Facts of recognition;

A. On May 23, 2008, the Plaintiff entered into a credit guarantee agreement with the Industrial Bank of Korea (hereinafter “C”) on a loan of KRW 170,000,000 from the Industrial Bank of Korea as KRW 144,50,000, and the guarantee period as of May 22, 2013, and D and B jointly guaranteed the above repayment obligations.

On July 15, 2010, the Plaintiff: (a) caused a guarantee accident on July 15, 2010 by reason of a natural body, etc.; (b) on August 18, 2010, the Plaintiff subrogated for KRW 147,107,286 to the said bank.

B. On April 27, 2011, the Plaintiff filed a claim for reimbursement with the Busan District Court 2010Kahap107077 as to D and B, a joint and several surety C and the joint and several surety, and was awarded a favorable judgment. The above judgment became final and conclusive around that time.

C. After the judgment above, 146,809,240 won for subrogation as of August 12, 2014; 143,845 won for finalized delay; 228,820 won for attempted penalty; and 3,380 won for failed delay.

The deceased on April 6, 2010, B, his father, died on April 6, 2010, and as his inheritor, the Defendant (3/9 shares), F, B, and G (2/9 shares, respectively) inherited the real estate listed in the separate sheet (hereinafter “instant real estate”). However, on April 6, 2010, the above inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) to which the Defendant would inherit the instant real estate. In this case, B renounced 2/9 shares, one of its own owners, as to the instant real estate.

Since then, the Defendant completed the ownership transfer registration on the instant real estate due to inheritance due to a division in consultation between the Busan District Court and the Busan District Court (hereinafter “instant ownership transfer registration”) with No. 51130, Sept. 24, 2010, which was received on September 24, 2010.

E. Meanwhile, at the time of the agreement on division of the inherited property of this case, B was insolvent as a debt excess.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional numbers, if any) and this Court.

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