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(영문) 서울북부지방법원 2017.07.18 2016가단122345
사해행위취소
Text

1. On December 28, 2015, the defendant and the non-party B share 2/7 out of the real estate listed in attached Tables 1 through 7.

Reasons

1. Facts of recognition;

A. On December 10, 2010, Tae River loan Co., Ltd. loaned KRW 2,000,000 to B, and the debt was overdue, and the debt was overdue. On November 15, 201, ELC loan Co., Ltd., Ltd., and ELC loan Co., Ltd., Ltd., Ltd., on June 19, 201, transferred the above loan loan claim to the Plaintiff in sequence.

The plaintiff filed a lawsuit against B on May 13, 2015 against the Seoul Northern District Court 2015Gaso215862, and the above court rendered a judgment that "B shall pay to the plaintiff 4,843,830 won and 1,940,638 won with 44% interest per annum from November 6, 2014 to the date of full payment," and the above judgment became final and conclusive around that time.

Consolidatedly, the amount of the Plaintiff’s claim is KRW 6,820,622 as of February 28, 2017.

B. (i) The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Defendant and B, and the network C was deceased on November 21, 2015.

B, the heir at the time of Shebl C’s death, the Defendant, who was the wife, the child, and B.

On December 28, 2015, the above inheritors agreed to have the instant real estate owned by the Defendant, and the remaining inheritors agreed to divide the inherited property with the content that they would not inherit (hereinafter “instant division agreement”).

The Defendant completed the registration of transfer of ownership in the name of the Defendant on December 28, 2015 with respect to the instant real estate following the instant partition consultation.

Referencely, at the time of the instant division consultation, B did not have any particular property, while the amount of debt was in excess of the debt amount of KRW 69,129,638, including the obligation to the Plaintiff.

Applicant The value of the real estate of this case as of April 15, 2008 is as follows, and there is no particular change thereafter.

The 15,960,00 won for real estate No. 23,680,000 for the instant real estate No. 3 real estate of this case is KRW 19,264,00.

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