logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.04 2016가단36268
사해행위취소 등
Text

1. The Defendant shall pay to the Plaintiff KRW 73,33,33 and the interest rate of KRW 15% per annum from April 6, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”)’s claim 1) The Korea Asset Management Corporation (hereinafter “A”) filed a lawsuit against B against B to claim for the amount of transfer (No. 2005dada145290) on August 30, 2005 and rendered a judgment that “B shall pay the amount calculated by the ratio of 24% per annum to KRW 13,272,792 and its 12,277,747 from October 27, 1997 to the date of full payment” (hereinafter “previous judgment”).

(2) On December 31, 2005, the Korea Asset Management Corporation received dividends of KRW 409,454 on December 31, 2005, and appropriated the principal of the claim for transfer (hereinafter “the claim of this case”) according to the previous judgment to the principal of the claim for transfer (hereinafter “the claim of this case”).

3) The Korea Asset Management Corporation transferred the instant claim to A on August 28, 2012. On October 19, 2012, A was delegated by the transferor Korea Asset Management Corporation with the authority to notify the transfer of the instant claim, and notified B of the transfer of the said claim by way of content-proof mail. 4) A filed a lawsuit against B on May 19, 2015 (Mining District Court 2015Da38537, Gwangju District Court 2017Na649) against B, and confirmed that “B shall pay money at the rate of 24% per annum from October 27, 1997 to the date of full payment,” and the above judgment became final and conclusive on September 15, 2017.

B. E, the father of B of the agreement on the division of inherited property, owned the real estate indicated in the separate sheet (hereinafter “instant real estate”), and died on August 4, 201. On February 2, 2012, 201, the child B, F, and the Defendant agreed on the division of inherited property (hereinafter “instant division agreement”). On February 2, 2012, the Defendant completed the registration of ownership transfer on the instant real estate due to inheritance by agreement and division.

C. B’s property status is particular, other than 1/3 of the inheritance shares among the instant real estate at the time of the instant split-off consultation.

arrow