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(영문) 창원지방법원통영지원 2016.09.08 2016가단20182

사해행위취소

Text

1. All of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit are incurred by the Plaintiff’s participation.

Reasons

1. Basic facts

A. B entered into a credit card use agreement with Hyundai Card (State) around March 2003.

B. The Defendant remarriedd with B around 2011.

C. On June 16, 2011, the Defendant and B completed the registration of share ownership transfer based on the sale on June 16, 201, the receipt of No. 30588, supra, as to each one-half share of the real estate listed in the separate sheet (hereinafter “resident registration office”).

B as of November 7, 2015, assumed the obligation to pay for the use of a credit card equivalent to KRW 4,085,704 to Hyundai Card (State). On November 7, 2015, Hyundai Card (State) submitted the evidence under subparagraph 4 by asserting that the Plaintiff transferred it on January 27, 2006. However, according to the evidence under subparagraph 2, the transfer date is deemed to be November 7, 2015, and was notified the Plaintiff of the said transfer on November 10, 2015.

E. On May 28, 2015, the Defendant completed the entire registration of transfer of shares arising from the gift (hereinafter “instant gift”) received on May 28, 2015, No. 35967, as to the shares (1/2) in the real estate listed in the separate sheet, from May 28, 2015.

F. On May 20, 2016, the Plaintiff transferred the Plaintiff’s claim against B to the Intervenor succeeding to the instant lawsuit.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence Nos. 1, 2, and 4, entry of Gap evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. First, the Plaintiff expressed his intention to withdraw from the lawsuit in this court as of June 30, 2016, but the Defendant did not accept it.

B. According to the above, the plaintiff transferred his claim against the plaintiff's successor to the plaintiff to the plaintiff's successor to the plaintiff to the plaintiff, and no longer there exists a preserved claim against the plaintiff's fraudulent act revocation lawsuit. Thus, the plaintiff's claim is without merit.

Although the defendant does not dispute the above assignment of claims, it is the same that the plaintiff lost, so that the defendant transferred the claim to the plaintiff's successor.