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(영문) 춘천지방법원강릉지원 2020.12.02 2020가단30374
사해행위취소
Text

1. On January 31, 2018, the Defendant and C entered into an agreement on 2/7 shares of 311 square meters in Gangnam-si D (311 square meters).

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) E Co., Ltd. transferred F Co., Ltd.’s loan (or card payment) claims against C to F Co., Ltd. on May 20, 2016, and F Co., Ltd. notified C of the transfer of claims in accordance with Article 7 of the Asset-Backed Securitization Act. 2) F Co., Ltd. filed an application against C for a payment order seeking the payment of the above transfer amount under Seoul Central District Court 2016 tea317683. Accordingly, F Co., Ltd.’s payment order stating that “C shall pay to F Co., Ltd. 10,447,949 and KRW 7,593,231 per annum from the day following the delivery date of the original payment order to October 6, 2016, which became final and conclusive on October 21, 2016.

3) AF limited liability company transferred the above claim against C on June 20, 2019 to the Plaintiff, and notified C thereof on July 8, 2019. B. G (hereinafter “the deceased”) network G (hereinafter “the deceased”) between the Defendant and C is the Defendant’s spouse, and there was C and H as his/her children, and the deceased died on September 20, 2017.

2) The Plaintiff’s 311m2 (hereinafter “instant real estate”) owned by the deceased is Gangseo-si, Gangnam-si.

As to January 31, 2018, the Defendant, C, and H agreed on the division of inherited property with the sole ownership of the Defendant (hereinafter “instant agreement on division of inherited property”) (hereinafter “instant agreement”).

Accordingly, the Defendant completed the registration of ownership transfer on February 6, 2018. 3) Meanwhile, on November 25, 2019, concluded a sales contract with I with regard to the instant real estate in KRW 48 million, and completed the registration of ownership transfer on December 23, 201, and received the said payment.

C. C had no particular property at the time of the instant agreement on the division of inherited property, and had been in excess of the obligation.

【In the absence of any dispute, there is no ground for recognition, entry of Gap's 1 through 8 (including a branch number if there is a branch number), fact-finding on the Court Administration of this Court, and pleading.

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