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(영문) 서울중앙지방법원 2018.09.13 2017가단5179627
사해행위취소
Text

1. It was concluded on October 8, 2014 with respect to two-thirds of the shares in the real estate listed in the separate sheet between the network D and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff’s credit against D (1) concluded a small loan guarantee insurance contract with D as the insured as the E-stock company, and the Plaintiff agreed to pay the insurance money to the insured immediately after the payment of the insurance money to the Plaintiff when the Plaintiff was not paid the insurance money due to the failure of D’s contract.

However, on July 10, 1998, the Plaintiff paid insurance money of KRW 11 million to E Co., Ltd. on the ground that D did not perform the contract, thereby acquiring the amount equivalent to the insurance money to be paid to D and the claim for delay damages (the rate of delay damages per annum 19%) in accordance with the agreement.

(2) On November 3, 200, the Plaintiff filed a lawsuit claiming the amount of compensation (200 Ghana 141257) with the Seoul Central District Court for the claim of this case, and the said judgment became final and conclusive on November 3, 200. The Plaintiff again filed a petition with the same court for the interruption of extinctive prescription for “D shall pay to the Plaintiff the amount of KRW 13,636,980 and KRW 11,00,000 per annum from August 23, 1999 to the full payment date.”

B. On October 8, 2014, the FCF died on September 1, 201, and agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that on October 8, 2014, Defendant B (C), co-inheritors, as co-inheritors, the real estate indicated in the list of the network G ownership (hereinafter “instant real estate”). Accordingly, on October 20, 2014, the registration of transfer of ownership was completed on the ground of the agreement on division of inherited property in the future of Defendant B.

C. Defendant B’s donation to Defendant C completed the registration of ownership transfer with Defendant C on September 23, 2015 due to the gift on September 21, 2015.

D The insolvency and death D are in this case.

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