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(영문) 서울북부지방법원 2016.02.26 2015가단137302

사해행위취소

Text

1. Defendant A’s interest in KRW 93,155,593 and KRW 49,897,296 from September 17, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 27, 2003, Defendant A entered into a credit card agreement with the Korea Cmat Bank Co., Ltd.

On September 29, 2014, the Korea C&T Bank transferred the credit card payment claim against Defendant A to the Plaintiff, and on October 21, 2014, notified Defendant A of the transfer of credit.

B. Defendant A lost the benefit of time due to his failure to pay the card price, etc., and Defendant A bears the Plaintiff’s obligation of KRW 93,155,593 ( principal principal KRW 49,897,296 KRW 43,258,297) as of September 16, 2015.

C. Meanwhile, C, the father of the Defendants, died on June 30, 199, while owning each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and C, the wife of the Defendants, the Defendants, the Defendants, E, F, G, and net H (Death on June 15, 1992), was jointly succeeded by I, J, and K.

D The Defendants, E, F, G, I, J, and K died on February 24, 2015. They were jointly inherited by the Defendants, E, F, G, I, J, and K.

Defendant B completed the entire registration of share transfer on May 18, 2015 on each of the instant real estate by inheritance due to the consultation and division held on May 18, 2015, the Seoul Southern District Court, Yeongdeungpo-gu District Court (Seoul District Court), Young-gu, Seoul District Court No. 26427, May 18, 2015.

[Reasons for Recognition] The facts without dispute, entry of Gap 1 to 15 evidence (including partial number), the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant A, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 29.9% per annum from September 17, 2015 to the date of full payment as to KRW 93,15,593 and KRW 49,897,296.

3. Claim against the defendant B

(a) should be determined on the basis of the date on which such fraudulent act was actually committed, whether the legal act constituted a fraudulent act at the time of the fraudulent act;

As seen earlier, Defendant B completed the registration of share transfer on the instant real estate due to the agreement on the division of the inherited property dated June 30, 1999.

However, on June 30, 199, C-.