사해행위취소등
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. B concluded a credit card transaction agreement with Samsung Card Co., Ltd. and used the credit card, but did not pay the use price.
B. The Samsung Card Co., Ltd. filed a lawsuit claiming a loan against Samsung Card Co., Ltd. with the Gwangju District Court 2005Gaga2995, and on October 13, 2005, the execution recommendation decision was finalized on October 13, 2005 to the effect that “Defendant Samsung Card Co., Ltd. shall pay to Samsung Card Co., Ltd an amount of KRW 20,579,502 and KRW 16,550,825 per annum from October 6, 2005 to the date of full payment.”
C. Samsung Card Co., Ltd. transferred the above judgment amount claim against B to Solomon Mutual Savings Bank on May 3, 2006, and the Solomon Mutual Savings Bank again transferred it to the Plaintiff on April 26, 2011.
The Plaintiff filed an application with the Seoul Western District Court 2005Gaga2995 for a payment order against B for the interruption of the extinctive prescription of the decision on performance recommendation. The payment order was issued on November 14, 2015 to the effect that “B shall pay to the Plaintiff 48,981,310 won and 15,646,368 won, calculated at the rate of 15% per annum from October 6, 2015 to the date of full payment” and became final and conclusive on November 14, 2015.
E. The Defendants were the siblings B, and the deceased on August 11, 2008, who was the father of B and the Defendants, died by having the real estate indicated in the separate sheet (hereinafter “the apartment of this case”) left as inherited property.
F. However, on March 2010, after the deceased C death, B leased the instant apartment of this case to D in KRW 42,000,000.
G. After the division of inherited property, B decided to divide the apartment of this case into the Defendants’ property. The registration of ownership transfer for the apartment of this case was made on April 16, 2012 by the registration office of the Gwangju District Court No. 74240, August 11, 2008 due to inheritance by consultation and division.