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(영문) 창원지방법원마산지원 2017.06.20 2016가단8650
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 24, 2003, the Plaintiff received a transfer from ELD Investment Securities Co., Ltd. all the claims for loans and the rights incidental thereto pursuant to the Asset-Backed Securitization Act, and notified B of the transfer.

B. Meanwhile, C owned the real estate listed in the separate sheet (hereinafter “instant building”) as the only property, and died on March 6, 2005.

At the time C’s heir was spouse D, children E, B, F, and Defendant

(hereinafter referred to as "the defendant, etc." in total).

On September 21, 2006, the Plaintiff received a payment order (the Changwon District Court Decision 2006Da4486) stating that “4,099,637 won and damages for delay shall be paid,” and the payment order was finalized on October 11, 2006.

around April 2007, the Defendant, etc. leased the instant building to G at KRW 5 million, monthly rent of KRW 350,000 ( KRW 400,00 from March 2015).

G resided in the instant building from around that time to April 15, 2016, and B had resident registration in the instant building until April 6, 2016.

E. On March 17, 2016, the Defendant, etc. entered into a sales contract with H on KRW 78 million with respect to the instant building (a contract amount of KRW 8 million and the balance of KRW 70 million).

On April 8, 2016, the defendant et al. entered into an agreement on the division of inherited property with the content that the building is owned solely by the defendant, and "the division agreement in this case" is called "the division agreement in this case

On April 11, 2016, the registration of ownership transfer is completed in the name of the defendant.

In the process, the defendant et al. paid the registration fee of KRW 632,00 and KRW 3,90,000.

F. Around April 11, 2016, the Defendant, etc. drafted a sales contract with H retroactively with the foregoing content, and received KRW 8 million down payment from H.

H deposited the remainder of KRW 70 million in the account of D on April 15, 2016, and the Defendant deposited the remainder of KRW 70 million with H on the same day.

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