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(영문) 수원지방법원안산지원 2016.01.05 2014가단33499
사해행위취소
Text

1. An agreement between the Defendant and B on division of inherited property concluded on January 8, 2014 with respect to the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. B was liable for the loan to the university credit union.

Since then, the above union was bankrupt, and the Korea Deposit Insurance Corporation filed a loan claim claim against B with the Seoul Central District Court 2004da1368238, and the decision was finalized on August 7, 2004.

The Plaintiff acquired the above loan claims on March 28, 2006.

As of March 16, 2015, the sum of the principal and interest of the Plaintiff’s credit against B is KRW 13,744,943.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) is originally owned by the Defendant’s father C. As C died on January 8, 2014, the Defendant, B, D, E, and F inherited the instant real estate at the ratio of 1/5 shares, respectively.

On January 8, 2014, the deceased C’s successors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the Defendant is to own the instant real estate, and pursuant to the agreement on division of division with respect to the instant real estate, the registration of Suwon District Court’s Ansan Branch and the registration of ownership transfer was completed on February 18, 2014 as the receipt of the foregoing agreement No. 15363 on February 18, 2014.

C. B did not own any property other than the inheritance share of the instant real estate at the time of the instant consultations and division agreement, and was in excess of the debt.

The market price of the instant real estate as of February 28, 2015 is KRW 200,000,000.

E. As to the building of this case, the Suwon District Court’s registration of Ansan Branch and the No. 131026, Nov. 28, 2006 (the maximum debt amount of 58,500,000 won, and the debtor’s network C and the National Bank of Korea Co., Ltd. (hereinafter “mortgage”).

The right to collateral security was cancelled on July 30, 2014 due to termination.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including the serial number) and appraiser G of this Court.

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