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(영문) 서울남부지방법원 2020.05.15 2019가단249118
사해행위취소
Text

1. On June 2, 2016, the Defendant and C concluded on June 2, 201 with respect to 2/17 shares of the real estate listed in the separate sheet.

Reasons

1. In fact, D Co., Ltd., on December 29, 2014, loaned KRW 38 million to E Co., Ltd. (Representative C) at the interest rate of 8.9% per annum, interest rate of arrears rate of 24% per annum, and period of 36 months. C guaranteed the above loan obligations.

On May 17, 2018, the Plaintiff received the entire claim for the loan from the above D and notified the transfer of the claim to the above E and C.

On May 2019, the Plaintiff filed an application with the Seoul Central District Court for the payment order against E and C for the payment order of KRW 22,685,652 above and KRW 18,141,212 above.

C was served with the original copy of the payment order from the above court on June 6, 2019.

C The F, as his wife, died on April 19, 2016, and there was G, H, I, J, K, C, and L, the wife of the Defendant and his children.

At the time of the death of C, there were houses listed in the attached list (hereinafter “the instant house”) and 1/8 shares of 1,352 square meters in the Mancheon-si, 2,00.7 square meters in the Mancheon-si, 1,352 square meters in the Mancheon-si, 2,942.1 square meters in the Pland in the netcheon-si, 3,570 square meters in the P forest in the netcheon-si, 3,570 square meters in the P forest in the

On June 2, 2016, C, the heir of F, and the Defendant, etc. entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”); on June 7, 2016, the mother of the instant housing, one of the inherited property; and on June 2, 2016, on the instant housing, the ownership transfer registration (hereinafter “instant transfer registration”) was completed in the Defendant’s future on the grounds of inheritance by consultation and division on June 2, 2016.

(On the other hand, C and the Defendant completed the registration of ownership transfer on May 3, 2016 on the instant housing due to inheritance by consultation and division on April 19, 2016, and on June 7, 2016, the registration of ownership transfer was completed in the name of the Defendant as above). At the time of the consultation on the division of inherited property in this case, C and the above inherited property (2/17 shares of the instant housing and each land) are particular in addition to the above inherited property (the instant housing and each land).

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