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(영문) 수원지방법원여주지원 2020.01.16 2019가단56901
사해행위취소
Text

1. The Defendants and E concluded on May 15, 2019 with respect to each of the 2/33 shares of each of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. 1) E is a non-party F Co., Ltd. (hereinafter “non-party F Co., Ltd.”) on January 8, 2015.

(2) Around March 22, 2017, the court ordered payment of KRW 33.9% per annum from March 18, 2017 to KRW 3,397,09, as the loan period, interest rate of KRW 36.9% per annum, and interest rate of arrears rate of KRW 33.9% per annum. (2) The company failed to repay part of the loan. (3) The company filed an application for demand against the said loan under the Suwon-gun District Court 2017j126, against the Suwon-gun District Court 2017. The said court ordered payment on March 22, 2017, “3,894,062 won and 3,397,093 won per annum from March 18, 2017 to the date of full payment.” The above order was finalized on September 23, 2017.

(3) On May 27, 2019, the non-party company transferred the instant claim to the Plaintiff against the payment order (hereinafter “instant obligation”). Upon delegation from the non-party company, the Plaintiff notified the transfer of the instant claim to E around May 27, 2019. (b) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by G, but G died on May 15, 2019 (hereinafter “G”), and the deceased’s heir and children were H and the Defendants, the wife, and the Defendants.

2) On July 4, 2019, the Defendants filed for the registration of ownership transfer on July 4, 2019 with respect to shares of 1/3 of each of the instant real estates with respect to the ownership transfer due to inheritance due to a consultation and division (hereinafter “instant registration of ownership transfer”) with the Suwon District Court’s Yangyang Registry, which was received on July 4, 2019 on July 4, 2019.

(1) Upon completion of the agreement on division of inherited property concluded on May 15, 2019 between the Defendants and E, which are the grounds for the above registration, (hereinafter “instant agreement on division of inherited property”).

(c) The debtor's financial status E does not have any other property except the inheritance shares (2/11 shares) in each real estate of this case from the time of the contract for consultation and division of the inherited property of this case.

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