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Reasons
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(영문) 창원지방법원진주지원 2019.09.18 2019가단33315
사해행위취소
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1. It was concluded on December 8, 2018 between the Defendant and C with respect to one-fifth share of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) C is a D Co., Ltd. (hereinafter “D”) on November 16, 1994

(C) On January 5, 199, E Co., Ltd. (hereinafter “E”) was dissolved in consequence of its merger with the Plaintiff on January 5, 199.

hereinafter referred to as "Plaintiff"

2) On January 17, 1995, F entered into a microcredit guarantee insurance contract with the Plaintiff for the repayment guarantee of the principal and interest of a loan of KRW 10 million with D on January 17, 1995, and C jointly and severally guaranteed the loan obligation that F bears to the Plaintiff according to the above insurance contract.

3) As C and F failed to repay their loans to D, the Plaintiff did not repay the loans to D, the Plaintiff’s KRW 5,362,896 on April 28, 1995 under the guarantee insurance contract as described in paragraph (1) (A) of the above A, and the above A.

(2) Under the guarantee insurance contract mentioned in paragraph (2), the Plaintiff paid KRW 10,756,505 on June 25, 1996. As of April 24, 2019 upon partial repayment, the amount of the Plaintiff’s claim for indemnity against C as of April 24, 2019 reaches KRW 31,550,253. The amount of the Plaintiff’s claim for indemnity against C is KRW 19,418,90 (i.e., the balance of principal KRW 1,787,000 from April 29, 1995 to April 24, 20199; KRW 19,417,113); and (ii) the Defendant’s joint and several debt of F from June 26, 1996 to February 6, 2009 to KRW 12,131,353; and (iii) the Defendant’s respective list of the instant real estate co-inheritors’s death and the deceased’s respective real estate (hereinafter “Defendant 181”).

2) On December 8, 2018, co-inheritors agreed on the division of inherited property with the content that the Defendant independently succeeds to the instant real estate (hereinafter “instant agreement on division of inherited property”) by agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”).

(2) On February 13, 2019, the Defendant completed the registration of ownership transfer on the instant real estate by agreement and division (hereinafter “instant registration of ownership transfer”).

3) The defendant is the defendant.

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