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(영문) 대구고등법원 2015.05.13 2014나22155
사해행위취소 등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant’s ASEAN (the cause of the claim: the Plaintiff loaned KRW 500 million to the Defendant’s ASEAN from April 2008 to March 2009) and on September 6, 2012, “C pays to the Plaintiff 50 million and the amount calculated by the rate of KRW 500 million per annum from July 1, 201 to January 6, 2012, and 20% per annum from the next day to the day of full payment” (Seoul Central District Court 2011Gahap119120). The judgment became final and conclusive around that time.

(A) Evidence 2. (b)

D It is the husband and father of the defendant C.

hereinafter referred to as "the deceased"

(C) On October 3, 2009, the deceased died with a debt of KRW 400 million (including loans of KRW 380 million on April 27, 2004, KRW 20 million) to each real estate of this case and the NongHyup Bank Co., Ltd., which is equivalent to the total value of KRW 1,298,887,600,000. The above inherited property (including obligations) was inherited to C, E, and F. The heir of the deceased et al., who is the wife of the deceased. On November 3, 2009, the heir of the deceased et al., including the above inherited property (hereinafter referred to as “the agreement on the division of inherited property with the content that the defendant decides to inherit all debts) is the agreement on the division of inherited property of this case.

A) On December 1, 2009 with respect to each real estate of this case, the ownership transfer registration under the name of the defendant was made, and on June 22, 2010 with respect to the above inheritance obligation, the debtor’s name was changed (No. 21) and the debtor was actually paid the above obligation by the actual defendant. D. Each of the real estate listed in No. 4, 5, and 7 of the attached Table No. 4, 5, and 0 among the instant real estate was sold to N andO on April 11, 201, and the ownership transfer registration under N andO was completed on May 31, 201 (the building listed in the attached Table No. 7 of June 13, 201).

The real estate in the attached list No. 2 is acquired through consultation with the public site in Kimcheon-si, and it is possible to do so on March 21, 2012.

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