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(영문) 서울동부지방법원 2015.01.14 2014가합5294
사해행위취소
Text

1. As to the portion of 1/3 of the real estate stated in the separate sheet concluded on August 6, 2012 between the Defendant and B.

Reasons

1. On October 24, 2003, Samsung Card Co., Ltd. and El branch Card Co., Ltd. transferred credit card loans and all related rights to EL branch Co., Ltd. on the premise that the Plaintiff received credit card loans from EL branch Co., Ltd. and filed a lawsuit against B on the same day against EL branch Co., Ltd. for the claim for the acquisition of credit card loans from EL branch Co., Ltd. for the acquisition of credit card loans from EL branch Co., Ltd., and on May 30, 2008, the judgment was rendered on May 30, 2008 that "B shall pay to the Plaintiff 36,55,906 won, and the amount calculated at the rate of 20% per annum from October 25, 2003 to May 25, 2008, and the next day to the day of complete payment." The judgment became final and conclusive at that time.

B’s mother (hereinafter “the deceased”) owned real estate listed in the separate sheet (hereinafter “instant real estate”) around August 6, 2012. Around August 6, 2012, Defendant, B, and D, the deceased’s heir, was the Defendant, B, and D.

B, on August 27, 2012, the above inheritors, including B, agreed on the division of inherited property with the purport to own the instant real estate owned by the Defendant. On August 28, 2012, the Defendant completed the registration of ownership transfer due to inheritance by agreement and division on August 6, 2012, the deceased’s death (hereinafter “instant agreement on division of inherited property”).

On the other hand, on July 12, 1999, the establishment registration of a neighboring mortgage contract was terminated on September 25, 2012, when the debtor C, Korea Housing and Commercial Bank, the mortgagee Co., Ltd., and the maximum debt amount of 26,000,000 won was cancelled on September 25, 2012. On August 6, 2012, the secured debt amount of the above secured mortgage was KRW 18,337,921.

B was in excess of obligations at the time of the conclusion of the instant agreement on division of inherited property.

The market price of the instant real estate at the time of August 6, 2012 is KRW 320,000,000, and the market price on November 5, 2014 near the date of closing the argument in the instant case is KRW 327,00,000.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap.

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