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(영문) 서울서부지방법원 2019.10.31 2018가단234866
사해행위취소
Text

1.(a)

On August 17, 2015, with respect to 2/19 shares of the real estate indicated in the “the indication of real estate” attached to the Defendant and F.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) G Co., Ltd. (hereinafter “G”)

The Seoul Central District Court 2014 Ghana42381 filed a lawsuit against F with respect to the claim for credit card use amount, etc. on June 18, 2014, “F shall pay to G 23.5% per annum for KRW 16,981,416 and KRW 1,300,000 per annum for KRW 23.5% per annum from May 30, 2014 to the date of full payment.” From May 30, 2014 to the date of full payment, “F shall pay the Plaintiff the amount calculated at the rate of 23.7% per annum from May 30, 2014 to the date of full payment.” On July 9, 2014, G shall also delegate the decision of performance recommendation to the Plaintiff on July 5, 2018.

On July 23, 2018, the Plaintiff sent a content-certified mail notifying the F of the assignment of claims, and the said content-certified mail reached F around that time.

B. The instant inherited property division consultation, etc. 1) Network H (hereinafter “the deceased”).

The deceased died. At the time of the death, F, I, J, K, E, L, M, and N (hereinafter “instant real estate”). The deceased owned the real estate indicated as “the indication of the instant real estate” (hereinafter “instant real estate”). On August 17, 2015, the Defendant and F, I, J, K, K, L, M, and N9 agreed on the division of inherited property (hereinafter “instant agreement”) with the content that the Defendant would independently inherit the instant real estate.

3) Meanwhile, at the time of the agreement on the division of the instant inherited property, the instant real estate was established with the right to collateral security, the Industrial Bank of Korea, the obligor E, and the maximum debt amount of KRW 144,400,000,000,000, but the said right to collateral security was cancelled on March 19, 2018, which was after the agreement on the division of the instant inherited property. (C) The F’s property status was in excess of the obligation exceeding the active property at the time of the agreement on the division of the instant inherited property. [In the absence of any dispute over grounds for recognition, Party A

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