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(영문) 의정부지방법원 고양지원 2021.01.15 2019가단96313
사해행위취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a creditor who acquired credit card payments and loans to D Co., Ltd. in succession through E Co., Ltd.

B. 1) On June 15, 2018, the Ministry F of Home Affairs (hereinafter referred to as “C”) died, and at the time of death, owned 1/2 of the instant real estate as inherited property.

2) At the time of the deceased’s death, the deceased Party C, and G, the spouse of the deceased Party, was the heir, and the Defendant, C, and G, on June 15, 2018, entered into an agreement on the division of inherited property consultation (hereinafter “instant agreement on the division of consultation”). The Defendant completed the registration of the transfer of ownership as of the portion of 1/2 of the instant real estate owned by the deceased Party’s High Court and the High Court’s High Court’s High Court’s High Court’s High Court’s 15397, Dec. 26, 2018, as to the portion of 1/2 of the instant real estate owned by the deceased Party.

(c)

1) The Credit Guarantee Fund, as a creditor of C, has revoked the split-off agreement of the instant agreement on the share of 1/9 out of the instant real property under the title of the said 1/9, and filed a lawsuit against C seeking the implementation of the registration procedure on the transfer of ownership due to the restoration of the true name with respect to the said 1/9 share, and the said court on June 21, 2019. The said court shall pay KRW 13,50,000 to the Credit Guarantee Fund until August 30, 2019.

If the defendant fails to pay all the above money until the payment date, 12% interest per annum shall be added to the unpaid amount from the day following the payment date to the day of full payment.

“A decision to recommend reconciliation” was made with the content that the parties did not object to the above decision, and the said decision became final and conclusive as it is.

2) On December 3, 2019, the Defendant shall pay 12% per annum to the Credit Guarantee Fund for KRW 13,921,643 (13,50,000 from the day following the payment date to the day of full payment, according to the decision to recommend the settlement.

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