사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B, around May 200, joined as the Plaintiff’s credit card holder and used the credit card issued by the Plaintiff.
B. B, from December 26, 2013, the Plaintiff filed a lawsuit claiming the cost of using credit cards against B with the Suwon District Court 2014Gaso48079, U.S. court. On December 10, 2014, the said court rendered a decision on performance recommendation with respect to KRW 25% per annum for KRW 24%, 6,156,315 per annum for KRW 24% per annum for KRW 4,400,00,000 for KRW 29.5% per annum for the said amount from November 18, 2014 to full payment. The said decision on performance recommendation became final and conclusive on February 24, 2015.
C. The real estate indicated in the separate sheet (hereinafter “instant building”) was owned by the network C. The network C died on September 22, 2013, and C’s heir is spouse D, children E, F, B, and Defendant.
On December 10, 2013, the deceased C’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the purport that the instant building, which is inherited property, is to be owned solely by the Defendant, and completed the registration of transfer of ownership in the name of the Defendant (hereinafter “the instant registration of transfer of ownership”) under the Incheon District Court’s Branch Branch Branch Kimpo-dong Office, which received on March 19, 2014 as of the instant building as of March 19, 2014.
F. At the time of the instant consultation division agreement, B did not have any particular property.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. On February 24, 2015, the Defendant: (a) discovered that the instant agreement was made during the process of searching for B’s property for compulsory execution after the decision on performance recommendation became final and conclusive; and (b) filed the instant lawsuit after one year thereafter; and (c) accordingly, the instant lawsuit is subject to the exclusion period.