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(영문) 서울중앙지방법원 2015.06.17 2014가합558887
사해행위취소
Text

1. It was concluded on August 20, 2012 with respect to 2/5 shares of each real estate listed in the separate sheet between Defendant B and D.

Reasons

The summary of the instant case is that the agreement on the division of inherited property regarding each real estate listed in the separate sheet between Defendant B and D (hereinafter “instant land”) is a fraudulent act, and thus, the Plaintiff seeks restitution, along with the revocation of the fraudulent act, against the Defendants, the beneficiary and subsequent purchaser.

In fact, on March 30, 2007, the Plaintiff lent to D 1.1% interest rate per month, and without setting the due date for repayment, and as a security, set up a collateral with regard to F apartment 107, 1401, which is owned by E as a collateral, with a maximum debt amount of KRW 250 million as to the F apartment 10,000,000 won.

On April 11, 2007, the Plaintiff extended additional KRW 200 million to D without setting the interest rate of KRW 1.1% per month and due date.

The Plaintiff received interest of KRW 137 million in total from May 16, 2007 to July 19, 2009, and received dividends of KRW 184,739,906 on March 7, 201 by exercising the said right to collateral security.

On March 8, 2013, the Plaintiff filed a lawsuit claiming the return of loan against D and ordered D to pay the Plaintiff 40 million won per annum from March 30, 2007 to April 4, 2013, with 18% per annum from March 30, 2013, and 20% per annum from the next day to the date of full payment, which became final and conclusive around that time.

(Seoul Central District Court 2013Gahap18511). D's fatherg G of the agreement on the division of inherited property died on August 20, 2012, and his heir had the wife B (3/5 of the inheritance) and D(2/5 of the inheritance) who were living together.

On February 18, 2013, Defendant B and D drafted a written agreement on division of the inherited property with which the instant land will be owned by Defendant B.

(B) The agreement on the division of inherited property owned by Defendant B as of August 20, 2012, which is owned by the Defendant, was completed with respect to other inherited real estate, including 5,124 square meters in the Hawon-gun, Gowon-gun H. Accordingly, on February 19, 2013, the registration for the transfer of ownership was completed on August 20, 2012 due to the inheritance by consultation or division under the name of Defendant B.

3.2

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