부인의 청구를 인용하는 결정에 대한 이의
1. The plaintiff's claim is dismissed.
2. Claim for denial between the Plaintiff and the Defendant of Seoul Central District Court 2014.
1. Basic facts
A. Until September 2010, the Plaintiff’s mother leased KRW 50 million to the bankrupt debtor B the sum of his own money, E, and son F.
B. On August 14, 2011, a bankrupt debtor transferred to the Plaintiff a claim for the return of lease deposit equivalent to KRW 50 million, which the debtor owns against the lessor H with respect to subparagraph 1 of Article 50,000,000 (hereinafter “instant contract for the transfer of claims”), and notified H of the assignment of claims on January 16, 2012.
C. On August 29, 2013, the Plaintiff received KRW 50 million from H as lease deposit. D.
B. Before the assignment of the claim in this case, the debtor's small property had the credit card payment debt of 1,265,165 won against the credit card company, 6,780,555 won, and I's debt of 4 million won against the social loan company ENP, and as the debtor's active property, there was no particular property other than the above lease deposit repayment claim.
E. On August 22, 2013, the bankrupt debtor filed a petition for bankruptcy with the Seoul Central District Court No. 2013Hadan8527, and the above court declared the bankruptcy debtor bankrupt on October 18, 201, and appointed the defendant as the bankruptcy debtor.
F. The Defendant filed a claim for denial with the Seoul Central District Court No. 2014.18 regarding the instant assignment contract, and the said court accepted the claim and rendered a decision on March 18, 2015, stating that “the other party (the Plaintiff) shall pay to the applicant (the Defendant) the amount of KRW 50,00,000 and the amount calculated at the rate of KRW 20% per annum from May 27, 2014 to the date of full payment” (hereinafter “instant decision”).
[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, 8 evidence, Eul 2, 4, and 6 evidence, witness D's testimony and the purport of the whole pleadings
2. Assertion and determination
(a) judgment 1 debtor's general property concerning the act subject to denial;