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(영문) 서울동부지방법원 2015.04.02 2014가단109144
사해행위취소
Text

1. It was concluded on October 29, 201 with respect to the shares in inheritance B-1/4 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff is the creditor of B, and B and the Defendant are the deceased’s children of E (hereinafter “the deceased”) who died on October 29, 201 with C and D as well as C and D (hereinafter “the deceased”).

B. The Plaintiff received from Company B a credit card payment claim of KRW 8,239,863, credit card loans of KRW 5,232,087, credit card loans of KRW 12,040,870 with LG card holders, credit card payment claim of KRW 2,672,089, 1,993,334 with Hyundai Capital, credit card credit card credit policy claim of KRW 99,333 with KB first-backed securitization, credit card payment claim of KRW 2,297,532 with KB first-backed securitization, credit card payment claim of KRW 6,680,487, and credit card loans of KRW 207,4811 with LG card holders, and the Plaintiff was paid the above amount to KRW 12,672,08,00 with KRW 485,511, and the Seoul East District Court decided to pay the amount to KRW 451,515,1450 and KRW 4515,51507.5.

C. The Plaintiff’s claim for judgment against B is KRW 38,190,395 and interest KRW 72,177,202 as of April 9, 2014, and KRW 110,467,597.

As the Deceased died on October 29, 201, four children, including B and the Defendant, inherited each share of the real estate listed in the separate sheet owned by the Deceased (hereinafter “instant real estate”). The above inheritors agreed to divide the inherited property solely owned by the Defendant (hereinafter “instant division agreement”), and the Defendant completed the registration of transfer of ownership as to the instant real estate on January 31, 201 due to the said division agreement.

E. At the time when the Defendant acquired the ownership of the instant real estate, the instant real estate constituted a maximum debt amount of KRW 36 million on August 30, 2006, the Deceased, the mortgagee, the mortgagee, and the mortgagee’s Korean standard bank.

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