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(영문) 서울중앙지방법원 2017.07.20 2016가단62703
사해행위취소 등
Text

1. The Defendant and B concluded on December 19, 201 with respect to shares in 2/11 of the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. A. A pair Capital Co., Ltd. (hereinafter referred to as "bridge Capital") filed a lawsuit against B on August 13, 2003 against this court relating to loans extended to B, and on August 13, 2003, B filed a lawsuit against B for a loan claim (2003 Ghana). "B was assigned a certified copy of the execution clause to the Defendant on October 26, 2000, the amount of 4,979,334 won and its equivalent (hereinafter referred to as "the loan of this case") calculated at the rate of 24% per annum from the date of full payment until the date of full payment (hereinafter referred to as "the loan of this case").

B. Meanwhile, C, the owner of the indicated real estate (hereinafter “instant real estate”) indicated in the separate sheet, died on December 19, 2013, and C, the deceased spouse D, the Defendant, B, E, and F, who is the deceased C, inherited (D 3/11 shares, Defendant B, E, and F 2/11 shares), and upon the inheritance of the deceased C’s property (D 3/11 shares, Defendant B, E, and F 2/11 shares), the ownership transfer registration was made under the sole name of the Defendant solely on May 7, 2014 by concluding a contract for division of inherited property (hereinafter “instant agreement for division of inherited property”).

C. At the time of the agreement on division of the instant inherited property, B had no particular property other than the shares in B among the instant real property inherited from the deceased C, and was in excess of the debt.

On August 201, 201, prior to the agreement on the division of the instant inherited property, the right to collateral security was established, which is a debtor’s network C and Dosan Agricultural Cooperative, which was prior to the agreement on the division of the instant inherited property. The said right to collateral security was cancelled on August 12, 2014, following the agreement on the division of the instant inherited property.

E. At the time of closing the argument of the instant real estate, the market price is KRW 60 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. Determination.

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