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(영문) 서울서부지방법원 2015.11.03 2015가단2983
사해행위취소등
Text

1. It was concluded on September 14, 2013 with respect to the portion of 1/9 out of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On September 1, 2010, Solomon Mutual Savings Bank filed a lawsuit against B over a claim for acquisition amount under the Seoul Central District Court Decision 2010 Ghana653217, and rendered a judgment on September 1, 2010 that “B shall pay to Solomon Mutual Savings Bank the amount of KRW 4,641,99 and the amount of KRW 1,592,666 each year from February 10, 2010 to the date of full payment” and the above judgment became final and conclusive around that time.

B. On April 26, 2011, the Plaintiff received from Solomon Mutual Savings Bank a claim for the amount of money transferred under the above judgment and notified the assignment of the claim to B. The Plaintiff’s claim amount against B is KRW 6,595,742 in total of KRW 1,592,66, overdue interest, and KRW 4,641,99 in interest as of January 6, 2015.

C. On September 14, 2013, C’s father died of the Defendant, D, E, F, G, H, I, J, and B, who were his children, the heir entered into an agreement on the division of the inherited property (hereinafter “instant division agreement”) with the content that the Defendant’s sole ownership of the real estate listed in the attached list, which is the deceased’s inherited property (hereinafter “instant real estate”). On the same day, the heir completed the registration of the transfer of ownership in the Defendant’s name, based on the inheritance by the agreement division as of December 13, 2013, under the former District Court Order No. 113592, Sept. 14, 2013, the former District Court Decision No. 113592, Dec. 13, 2013.

B was in excess of the obligation at the time of the instant division consultation, and among the instant real estate to be inherited from the Deceased, there was no particular property other than the inheritance shares (1/9 shares).

E. Meanwhile, on January 23, 2014, the Jeonju Agricultural Cooperative established the right to collateral security with the maximum debt amount of KRW 24 million with respect to the instant real estate.

F. The value of the instant real estate is KRW 39 million at the time of the closing of the instant argument.

[Ground of recognition] Gap evidence Nos. 1 through 3, 5 through 7, each statement of this court's order to submit financial transaction information to the Korea Federation of Banks, and this court's order to complete the head of the Si/Gu prior to this court.

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