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(영문) 서울북부지방법원 2021.01.07 2019가단152040

사해행위취소

Text

1. (a) As to 2/13 shares of each real estate listed in the separate sheet between the Defendant and D, the agreement was made on December 29, 2018.

Reasons

1. Facts of recognition;

A. E Co., Ltd. entered into a credit card use contract with D on April 25, 1994.

After that, D did not pay credit card bills in accordance with the above credit card use contract.

B. On April 30, 2003, E Co., Ltd. transferred the credit card payment claim to F Limited Company, and F Limited Company notified D of the transfer of the said claim on behalf of E Co., Ltd. on June 19, 2003.

As of February 14, 2003, the principal of the credit card price claim is KRW 3,100,000, and interest in arrears is KRW 497,739.

(c)

F Limited Company transferred the credit card payment claim to G Co., Ltd. on March 31, 2008.

G Co., Ltd. transferred the credit card payment claim to H on December 28, 2011.

On September 26, 2012, H transferred the above credit card payment claim to the Plaintiff. At that time, the Plaintiff notified D of the transfer of each of the above claims on behalf of F Limited Companies, G Co., Ltd., and H.

(d)

D A. A. A. A. A. A. A. A. D’s reference died on December 29, 2018, and the heir was the Defendant (3/13 of equity interest in the case) who is his/her spouse and the J, K, L, M, or D (2/13 of equity interest in the case) who is his/her spouse.

E. On December 29, 2018, D, J, K, L, and M renounced their rights to their respective inheritance shares (2/13) upon the split-off consultation with the Defendant on each real estate listed in the separate sheet (hereinafter “instant agreement”). As to each real estate listed in the separate sheet Nos. 1 and 2 on February 1, 2019, the Defendant completed the registration of transfer of ownership on each real estate listed in the separate sheet Nos. 3 and 4 on February 20, 2019 (hereinafter “registration of transfer of ownership”). D, as active property at the time of the agreement on split-off of the instant inherited property, there was no other property except for his/her rights to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

[Grounds for recognition] Gap 1 to 1.