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(영문) 서울동부지방법원 2016.06.08 2014가단131127
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. had the credit card principal of KRW 19,862,918 and the loan principal of KRW 3,791,672 by making loans and credit card transactions with B.

B. On May 20, 2004, National Bank Co., Ltd. transferred the above credit to the Promotion Savings Bank Co., Ltd., and notified the transfer of credit to B at that time. On June 15, 2011, Promotion Savings Bank Co., Ltd. transferred the above credit to the Plaintiff, and notified the transfer of credit to B around July 28, 201.

C. On June 20, 2014, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order seeking the payment of the acquisition amount with the Seoul Eastern District Court 2014 tea27864. On June 23, 2014, the said court issued a payment order ordering the Plaintiff to pay damages for delay of KRW 66,574,468 and KRW 23,654,590 among them, and the said payment order became final and conclusive on September 12, 2014.

Meanwhile, the real estate indicated in the attached list (hereinafter “instant real estate”) was owned by C. As C died on October 7, 2012, C agreed that the Defendant (C’s wife, B, and D (children) will vest the instant real estate in the Defendant around that time.

E. Accordingly, on October 16, 2012, the Defendant completed the registration of ownership transfer on the instant real estate on the grounds of inheritance by agreement and division as of October 7, 2012. On the 18th day of the same month, the Defendant completed the registration of ownership transfer on the grounds of the inheritance, and completed the registration of establishment of a neighboring mortgage worth KRW 2.45 billion to the Korea Housing Finance Corporation.

F. Around October 2012, the market price of the instant real estate was 350 million won. Around that time, there was no particular property other than the inheritance share of the instant real estate.

[Ground of Recognition: Facts without dispute; Gap evidence 1, Gap evidence 4, 5, Gap evidence 7, Eul evidence 3 (including paper numbers), fact inquiry results against the Ministry of Land, Infrastructure and Transport of this court, results of appraisal commission to appraiser E, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition of fraudulent act, B is the defendant of this case.

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