사해행위취소등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 25, 2011, B entered into a credit card subscription agreement with the Korea SPS Bank Co., Ltd. (hereinafter “Seoul Bank”), but thereafter, failed to pay the credit card payment.
On February 12, 2013, the Japanese bank transferred the credit card payment claim (hereinafter “the credit card payment claim”) in arrears to the Plaintiff (the trade name at the time was “TWnman Loan Co., Ltd.,” and changed to the current trade name on April 1, 2015). The credit assignment notification was also made around that time.
Then, the Plaintiff filed a lawsuit claiming the payment of the acquisition amount as Seoul Central District Court Decision 2013Da6143603 on the basis of the instant card price claim that was acquired as above, and received a judgment in favor of all of the lower court on April 18, 2014.
On the other hand, while acquiring the ownership of the instant real estate on June 1, 201, B acquired the ownership of the instant real estate on the same day, B completed the registration of creation of collateral (hereinafter “registration of creation of collateral”) with the debtor B, the maximum debt amount of KRW 46 million, and completed the registration of transfer of ownership on the ground of sale on December 1, 2011 to the defendant on the same day (hereinafter “instant sales contract”).
After that, the Jeju Bank applied for a voluntary auction (hereinafter referred to as “instant auction”) against the instant real estate to the Seoul Northern District Court C, and completed the registration of the decision on commencing auction on July 16, 2012. On July 16, 2013, as the instant real estate was sold to D, the Jeju Bank received dividends of KRW 46,585,346 in the relevant distribution procedure.
[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 6, purport of the whole pleadings
2. The Defendant’s judgment on the defense prior to the instant lawsuit shall be determined on the basis of the first bank, the transferor of the instant lawsuit, as the limitation period and determination of the Plaintiff’s claim for revocation of the fraudulent act. The first bank shall be determined on the instant real estate owned on July 16, 2012, which was after the instant sales contract.