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(영문) 서울서부지방법원 2015.09.18 2014가단239382
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on December 20, 2010 between the Defendant and B is concluded between the Defendant.

Reasons

1. Basic facts

A. B, as of November 22, 2004, while using a credit card issued by a lot card company (hereinafter “slot card”), was liable for the total amount of KRW 11,570,534 as of December 6, 2010, including KRW 11,126,538, fee 20,392, interest 423,604.

B. The cards applied for a payment order against B to the District Court of the Republic of Korea which claimed payment of the said credit card price.

On December 24, 2010, the above payment order was served on B on January 8, 2011.

C. Meanwhile, on the other hand, on the application of B on December 29, 2010, the cards converted the credit card price claims into the bonds of KRW 11,180,000 as a substitute loan, and then the principal and interest of the substitute loan were to be repaid equally every month.

On November 23, 2011, 201, the registration card transferred to the Plaintiff the principal and interest ( principal KRW 10,248,600) of the substitute loan loan against B as B delayed repayment of the principal and interest of the substitute loan.

On January 31, 2012, the Plaintiff notified the transfer of the credit to B, and filed a lawsuit against B claiming the transfer of credit amount with the Seoul Central District Court 2012Daso5824896, Oct. 15, 2013, the Plaintiff was rendered a favorable judgment that “B shall pay to the Plaintiff 13,057,687 won and the amount of KRW 10,246,50 per annum from June 26, 2012 to October 11, 2013; and KRW 29% per annum from the following day to the date of full payment.”

The above judgment became final and conclusive on November 26, 2013.

E. B, on December 20, 2010, concluded a sales contract to sell the real estate listed in the separate sheet (hereinafter “instant apartment”) that was the sole ownership of the real estate (hereinafter “instant apartment”) to the Defendant, who had been in a matrimonial relationship, in the purchase price of KRW 270,00,000 (hereinafter “instant sales contract”).

F. On the ground of the instant sales contract, the Defendant: (a) received on January 4, 201, from the Seoul Western District Court, the Eunpyeong District Court received on January 4, 2011, and (b) registered the ownership transfer of the instant real estate.

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