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(영문) 서울중앙지방법원 2017.03.03 2016가단38571
사해행위취소
Text

1. The inherited property concluded on April 28, 2014 on shares of 2/15 among the real property listed in the attached list between the defendant and the non-party B.

Reasons

1. Facts of recognition;

(a) The Korea Light Bank Co., Ltd. (1) The Korea Light Bank Co., Ltd. (hereinafter referred to as “C”);

on August 4, 2000 100,000

9.8.30 million won was each loaned.

B with respect to loans of KRW 130,000,000 for the above KRW 100,000,000 and KRW 30,000,00 as guaranteed by each of them, C jointly and severally guaranteed each of the above loans of KRW 100,000.

2) On June 28, 2002, Korea Light Bank: (a) transferred each of the above claims to the Korea Asset Management Corporation; and (b) on September 18, 2012, the Korea Asset Management Corporation assigned each of the above claims to the Plaintiff. (c) The Plaintiff filed a lawsuit against C and B against the Seoul Central District Court 2013Da242782.

On April 24, 2014, the above court rendered a judgment that "A shall pay the plaintiff 154,979,856, as well as C shall pay 19% interest per annum from January 7, 2010 to October 16, 2010, and 20% interest per annum from the following day to the date of full payment, and Defendant B shall jointly and severally pay 135,731,440 won out of the above money to Defendant C."

The above ruling of the same year

5. A final and conclusive date.

(b) The real estate in this case (hereinafter referred to as the “instant real estate”) listed in the attached Form No. B’s financial status, consultation on division of inherited property

D) At the time of D’s death, D was owned by the Defendant’s spouse and the father of B, and D died on June 11, 1998.2) At the time of D’s death, there was the Defendant, the wife’s children, B, E, F, G, H, and I.

On April 28, 2014, the above inheritors decided to own the instant real estate as owned by the Defendant, and the remaining inheritors agreed to divide the inherited property with the content that they would not inherit (hereinafter “instant divided agreement”).

The Defendant completed the registration of ownership transfer in the name of the Defendant on April 30, 2014 regarding the instant real estate following the instant partition consultation.

3) At the time of the instant divided consultation, B had no particular property, and had already been in excess of the obligation, and the market price of the instant real estate as of June 19, 2014 was KRW 74,00,000.

[Grounds for recognition] Gap evidence Nos. 1 through 7.

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