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(영문) 부산지방법원서부지원 2020.09.25 2019가단114186

사해행위취소

Text

1. The Defendant and C as of October 7, 2016 with respect to 2/7 shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 30, 2006, the Plaintiff’s claim 1) C applied for membership of the credit card company D on November 30, 2006, and issued the credit card at that time, but did not pay the above credit card payment liability. (2) The Plaintiff transferred the above credit to E Co., Ltd. on November 12, 2012.

On August 29, 2013, E Co., Ltd. transferred its claim against F limited liability companies to F Co., Ltd., and F limited liability companies transferred its claim against F Co., Ltd to the Plaintiff on March 20, 2015.

3) The Plaintiff filed a payment order (Seoul Northern District Court 2016j. 28325) with the Plaintiff seeking the payment of the above transfer money against C, and the said court issued a payment order with the effect that “C shall pay to the Plaintiff 2,007,652 won and 1,376,975 won, at the rate of 24% per annum from June 16, 2016 to the date of full payment.” The above payment order was finalized on October 11, 2016 because C did not raise any objection. (b) G (the “the deceased”)’s disposal disposition 1) Party C (hereinafter “C”) owned real estate (hereinafter “instant real estate”) as indicated in the separate sheet, and died on December 12, 2010 while the said court owned real estate (hereinafter “instant real estate”).

2) At the time of the deceased’s death, there was Defendant H and C, the spouse of the deceased, and C. 3) around October 7, 2016: (a) around October 7, 2016, Defendant and H agreed on the division of inherited property that the Defendant would solely inherit the instant real estate (hereinafter “instant division agreement”).

According to the division agreement of this case, the registration of the vice branch of the Busan District Court and the registration of the transfer of ownership was completed on October 7, 2016 due to the inheritance due to the division agreement of this case, which was received on October 7, 2016.

C. C’s financial status was at the time of the instant split-off agreement, with no other asset than the inheritance shares in the instant real estate, and was in excess of the debt owed to the Plaintiff, such as the acquisition amount and other debts owed to the financial institutions, etc.