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(영문) 대구지방법원 2018.02.07 2017가단102782
사해행위취소
Text

1. It was concluded on November 6, 2015 with respect to shares in 2/9 of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. (1) On August 22, 2001, the Plaintiff loaned KRW 8,307,770 to B with interest rate of KRW 9.3% per annum and maturity of payment on August 21, 2004. The Plaintiff filed a lawsuit against B on the loan claim under Seoul Central District Court 2013 Ghana6139734, and filed the lawsuit against B with the said court on January 8, 2014, “B shall pay to the Plaintiff the amount of KRW 8,304,213 and the amount of KRW 7,904,290 per annum from June 27, 2003 to the date of full payment.” The above decision was finalized on February 25, 2014 (hereinafter “instant decision”).

(2) As of December 5, 2016, the amount of the principal and interest on the instant decision as of December 5, 2016 is KRW 25,969,165 (i.e., the amount of damages for delay calculated by the rate of 17% per annum from June 27, 2003 to December 5, 2016, as of KRW 8,304,213, KRW 7,904, and KRW 295).

B. As the Defendant and B died on November 6, 2015, the agreement on the division of inherited property between the Defendant and B shared inheritance of D, B, and E, the spouse, and the co-inheritors jointly agreed on the division of inherited property (hereinafter “instant real property”). The co-inheritors agreed on the division of inherited property with the purport that the Defendant would own each of the real property listed in the separate sheet, which is the inherited property on the same day (hereinafter “instant agreement on the division of inherited property”). On December 24, 2015, the Defendant completed the registration of the transfer of ownership on the instant real property on the ground of the agreement on the division of inherited property.

C. On January 16, 2002, the right to collateral security (hereinafter “instant right to collateral security”) was established in the name of the debtor C, the maximum debt amount 19.6 million won, with respect to the instant real estate, and the cancellation of the existing right to collateral security and the creation of a new right to collateral security (hereinafter “the instant right to collateral security”) was cancelled on the ground of termination on March 2, 2016. On the same day, the right to collateral security was established in the name of the debtor, the defendant, the maximum debt amount of the Daegu Bank, which was KRW 30 million.

B’s debt excess B is the active property at the time of the agreement on division of the inherited property of this case.

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