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(영문) 부산지방법원 2016.01.28 2014나46300
사해행위취소
Text

1.The judgment of the first instance shall be modified in accordance with the process of litigation in the trial as follows:

2. The instant lawsuit shall be dismissed.

Reasons

1. Basic facts

A. On October 24, 2003, Samsung Card Co., Ltd. and the Korean National Bank Co., Ltd., holding a loan claim (hereinafter the following table) against the Plaintiff by the Intervenor’s Intervenor (hereinafter “ Intervenor”), transferred the claim for the loan to the Plaintiff to ELD Securities Co., Ltd., and on the same day, ELD Investment Securities Co., Ltd. re-transfer the said claim to the Intervenor (the Intervenor participated in co-litigation in the trial). At that time, the Intervenor notified the Plaintiff of the transfer of the claim.

On June 3, 1999, November 24, 2003, the date of arrears on October 24, 2003, the date of the first loan (the date of the card contract) by Samsung Card National Bank Co., Ltd. (Plaintiffs) B (the date of the card contract) 19,679,471 won 2,369,85,854 won due to delay after the date of the transfer (17%) 19,679,435,824 won due to delay on October 24, 2003, the due date of arrears (based on principal) 11,05,202 won due to outstanding bonds (based on principal) 1,31,297 won after the due date (17%)

B. The Plaintiff’s father’s father, including the Plaintiff’s property disposal (hereinafter “the deceased”), died on April 27, 2009, and the real estate indicated in the attached Form was inherited property, and the heir was the Defendant, the deceased’s spouse, and the Plaintiff, H, D, and I, the deceased’s children.

The defendant completed the registration of transfer of ownership on October 19, 2009 with other inheritors including the plaintiff on April 27, 2009 by inheritance due to the agreement division as of April 27, 2009.

On June 18, 2013, the Defendant created the right to collateral security of the amount of KRW 84 million against the Busan Bank Co., Ltd., the obligor D, the maximum debt amount.

C. On April 17, 2014, the Intervenor filed a lawsuit against the Defendant and the Plaintiff’s individual rehabilitation procedures. (1) On April 27, 2014, the Intervenor filed the instant lawsuit seeking compensation for value by cancelling the agreement on the division of inherited property as of April 27, 2009, which was concluded between the Plaintiff and the Defendant with respect to the real estate indicated in the attachment.

(2) Meanwhile, the Plaintiff is the Seoul Central District Court on September 1, 2014.

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