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(영문) 광주지방법원 2016.07.19 2015가단523635

사해행위취소

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1. As to the real estate listed in the separate sheet between the Defendant and B, it was concluded on August 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s claim No. B 1) Nonparty B is a Hyundai Card Co., Ltd. (hereinafter “Nive Card”) on July 9, 2014.

(2) From July 23, 2015, when entering into a credit card use contract with a credit card and obtaining a credit card, the credit card price of KRW 1,260,573 began to be in arrears. Considering the respective entries in the evidence Nos. 3 and 7 and the card use amount and the number of reference materials submitted by the Plaintiff as of July 15, 2016, it is deemed that B was in arrears with the credit card price of KRW 1,260,573 as of July 23, 2015.

3) B bears the obligation to use credit card bills in total of KRW 3,733,043,00 as of September 16, 2015, including the principal amount of KRW 3,566,837, interest 75,261, damages for delay, and KRW 53,945, etc. B. B’s property disposal act on August 10, 2015 (hereinafter “instant real estate”).

3) As to the establishment of a right to collateral security (hereinafter “mortgage”).

of this case to the defendant on the same day, the Gwangju District Court registry 2015

8. 10. The registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) was completed as 191974.

C. At the time of entering into the instant mortgage contract, B had active property of approximately KRW 96,00,000, the market price of the instant real estate at approximately KRW 70,000,000, approximately KRW 20,000, and approximately KRW 66,000,00,000, the market price of the instant real estate at the time of entering into the instant mortgage contract at the time of entering into the instant mortgage contract. However, in addition to the liability for credit card use for the Hyundai Card, B had active property of approximately KRW 42,00,000, KRW 42,000,000, and KRW 5,80,000,000, and KRW 20,000,000,000,000 in the market price of the instant real estate at the time of 2015.