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(영문) 부산지방법원 2016.02.02 2015가단216884
사해행위취소
Text

1. It was concluded on June 20, 2010 on shares of 1/4 of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) filed a lawsuit claiming acquisition money against B as Busan District Court 2009Da412586 against B.

On November 16, 2009, “B shall pay to the Plaintiff 12,425,112 won and 5,046,258 won with interest rate of 20% per annum from November 19, 2009 to the date of full payment.”

The above decision became final and conclusive on December 3, 2009.

B. On June 15, 2011, the Plaintiff received the foregoing judgment amount claim from the Promotion Savings Bank against B from the Promotion Savings Bank, and notified B of the transfer of the above credit on behalf of the Promotion Savings Bank on July 28, 2011.

C. The mother of B (hereinafter “the deceased”) died on December 16, 2005, and his heir was a child D, E, B, and the Defendant.

On June 20, 2010, the deceased’s successors entered in the separate list owned by the deceased (hereinafter “instant real estate”) entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the effect that the Defendant would independently inherit the real estate as indicated in the separate list owned by the deceased, and the Defendant completed the registration of ownership transfer on the instant real estate on June 25, 2010.

On January 2, 2001, Busan District Court's Busan District Court's registration office was received on January 1, 2001, the registration of creation of a mortgage near the maximum amount of 60 million won, the debtor, the defendant, and the mortgagee was completed. However, on December 3, 2012, the registration of establishment of a mortgage near the above real estate was cancelled.

On the other hand, on May 27, 2013, the registration of creation of a mortgage, which is G, was completed as the maximum debt amount of KRW 100 million, the debtor, the debtor, the mortgagee, and the mortgagee.

E. B did not have any particular property at the time of the instant division consultation, and was found to have been in excess of the obligation due to the Plaintiff’s liability for the payment of the transfer money with a small property.

[Reasons for Recognition]

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