beta
(영문) 부산지방법원 서부지원 2018.02.09 2017가단4445

사해행위취소등

Text

1. The inherited property concluded on December 21, 2014 with respect to 2/5 shares of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) B as of October 24, 2003, bears the obligation of KRW 17,286,917 for the national card and the Samsung Card’s credit amount (principal KRW 5,091,031). 2) The national card and Samsung Card transferred the above credit amount claim to the ELD Investment Securities Co., Ltd. on October 24, 2003, and the ELD Investment Securities Co., Ltd transferred the above claim to the Plaintiff on the same day under the Asset-Backed Securitization Act, and at that time, notified the fact of transferring the claim to B.

3) As of February 2, 2017, the Plaintiff received an order to pay the Plaintiff at KRW 17% per annum from October 25, 2003 to February 3, 2006, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment. B and the Defendant’s inheritance consultation division contract 1) B died on December 21, 2014, and C as the inheritor of KRW 5,091,031 and from October 25, 2003 to February 3, 2006.

2) Real estate listed in the [Attachment List] owned by B (hereinafter “instant real estate”).

As to the division of inherited property on December 21, 2014 (hereinafter “instant division agreement”)

On January 14, 2015, the registration of ownership transfer was completed in the Defendant’s future on January 14, 2015. (C) Insolvent B did not have any property in excess of obligations as at the time of the instant division contract. [The fact that there was no dispute over the grounds for recognition, and the statement in Gap’s evidence No. 1 through 3

2. Determination

A. According to the above facts of recognition, B, while in excess of its debt, renounced its right to the portion of the inheritance of the real estate of this case, which is its sole property under the contract of this case, and this constitutes a fraudulent act as an act of reducing joint security against the general creditors including the plaintiff.

B. As to this, the defendant has been nursing C with waste cancer for 4 years and is equivalent to the nursing cost.