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(영문) 의정부지방법원 2017.01.18 2016가단119472
사해행위취소
Text

1. As to shares of 2/7 of each of the real estate listed in the separate sheet:

A. It was concluded on March 7, 2016 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On November 12, 2009, Tae River Loans Co., Ltd., which had the Plaintiff’s claim against B, determined KRW 5,000,000 to B on November 12, 2009 as due date for repayment and KRW 48.96% of the interest rate on November 12, 2012, respectively; ② on December 1, 201, the due date for repayment of KRW 5,000,000 as of December 1, 201 was 36 months after the date of the loan, and the agreed and overdue interest rate shall be 39%, respectively.

On October 10, 2012, ELC Loan Co., Ltd. acquired the claim for the above loan to B from Tae River Loan Co., Ltd. on June 19, 2014, and the Plaintiff acquired the claim for the above loan from ELC Loan Co., Ltd. in turn.

After the acquisition of the above bonds, the payment order that orders the payment of the above amount was finalized by applying to the Seoul Northern District Court No. 2015 tea and 48425 against B for the payment order for the above amount.

16,717,809 won and the above money, calculated by the ratio of 48.96% per annum to 1,398,352 won from July 7, 2016 to the date of full payment, and 2, 4,725,136 won per annum to 39% per annum from July 7, 2016 to the date of full payment.

B. On February 21, 2016, C, the father of B’s division of inherited property, died on February 21, 2016, the Defendant and his/her children, as the deceased’s spouse, jointly inherited each of the real estate listed in the separate sheet owned by the deceased (hereinafter “instant real estate”). On March 7, 2016, the above inheritors entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the content that the instant real estate is owned solely by the Defendant, and upon the instant division agreement, the registration on the transfer of ownership in the future of the Defendant was completed on March 10, 2016.

C. At the time of the instant division consultation on the property status B, B, as active property, had no particular property other than 2/7 shares in the statutory inheritance of the instant real estate, but had already been in excess of obligations, such as bearing the Plaintiff’s obligation to take over the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 12, 2, and 1.

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