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(영문) 서울북부지방법원 2018.05.11 2018가단101571
사해행위취소
Text

1. It was concluded on September 22, 201 with respect to the share of 1/4 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of premise;

A. (i) The existence of preserved bonds (i) B was loaned from a corporate bank on March 31, 200, and entered into a credit guarantee agreement with the Plaintiff, which constitutes 25,500,000,000 of the principal and interest of the loan, but the Plaintiff delayed the repayment of the principal and interest of the loan. On June 10, 2002, the Plaintiff paid to the corporate bank a total of KRW 18,724,087.

The plaintiff filed a lawsuit against B, etc. against the Seoul Central District Court No. 2006 Ghana248034, and the above court rendered a decision of performance recommendation as follows on November 7, 2006, and the above decision was finalized on November 28, 2006.

B and C jointly and severally pay to the Plaintiff 19,122,187 won and 18,724,087 won among them, 18% per annum from June 10, 2002 to May 31, 2005, 15% per annum from the next day to November 13, 2006, and 20% per annum from the next day to the day of full payment.

B. B’s disposal act and cancellation of the right to collateral security (i.e., the right to collateral security) was registered on July 27, 2007 as the maximum debt amount of KRW 45,500,000, and the right to collateral security (i.e., the right to collateral security) as the debtor D and the National Bank of Korea.

She died on August 2, 2011 (hereinafter referred to as "the deceased"), and as the inheritor, the Defendant, B, E, and F (the above statutory inheritance portion 1/4) were children, and at the time, B exceeded obligations without any particular positive property.

Article 22(1) of the Civil Act provides that the registration of title transfer shall be completed on September 22, 201 by the heir on the same day (hereinafter referred to as the “instant agreement”). The preceding registration of the right to collateral security was cancelled on the same day on January 16, 2013.

Then, at the time of cancellation of the preceding registration of collateral security, the secured debt was totaling KRW 31,756,560,560, and the market price of the attached real estate was KRW 320,000,000 at the time of the closing of the argument in the

[Ground of recognition] A. A. 1-4, and .

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