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(영문) 청주지방법원 2018.01.25 2017가단109014
사해행위취소
Text

1. As to shares 2/11 of the real estate listed in the Schedule,

A. It was concluded on December 8, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. B, on June 9, 2006, obtained loans at an interest rate of KRW 10 million from the Bank of Korea at an interest rate of KRW 2.97% per annum of less than three months, 17% per annum of less than three months, and 19% per annum of not less than three months.

B. On December 24, 2014, Korea Bank transferred the above loan claims to the Plaintiff, and notified the transfer to B around May 2015.

C. On March 28, 2017, the Plaintiff filed a lawsuit against B against the Seoul Central District Court No. 2016Ada38170, and was sentenced by the above court that “B shall pay to the Plaintiff 12,184,833 won and the amount of KRW 7,924,084 calculated by the rate of 19% per annum from March 25, 2016 to the date of full payment.” The above judgment became final and conclusive around that time.

Attached Form

The real estate indicated in the list (hereinafter “each of the instant real estate”) was owned by the deceased C (hereinafter “the deceased”). On December 8, 2014, the deceased died, and the Defendant, children, D, E, F, B, and B, the spouse of the instant real estate, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) on December 8, 2014, under which the Defendant independently agreed to inherit each of the instant real estate (hereinafter “instant agreement on the division of inherited property”), and accordingly, on June 18, 2015, the part 1-B of the Disposition as to each of the instant real estate was based on inheritance due to the division by the Defendant.

The registration of ownership transfer as stated in the subsection (hereinafter referred to as the "registration of ownership transfer of this case") has been completed.

E. B was in excess of the obligation at the time of the instant agreement on the division of inherited property, and there was no particular property among each of the instant real property except for one’s own inheritance shares.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including additional number), fact inquiry results on the tolerance market of this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The claim for the above loans against the Bank B, Inc., 1 as to whether the fraudulent act was constituted, shall have a consultation on the division of the inherited property in this case.

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