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(영문) 대구지방법원 2014.05.15 2013나9152
사해행위취소 등
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant's appeal is dismissed.

3. The appeal costs.

Reasons

1. Basic facts

A. Samsung Card Co., Ltd and Samsung Card Co., Ltd. had a credit card usage claim against the Defendant joining the Defendant. However, the above claim was transferred to the Plaintiff via El branch investment securities Co., Ltd. on October 24, 2003, and the Plaintiff notified the Defendant of the transfer of the above claim pursuant to Article 7 of the Asset-Backed Securitization Act. As of January 27, 2012, the date of commencement of the use of Samsung Card Co.,, Ltd., Samsung Card Co.,, Ltd., Ltd. on May 13, 2001 on April 19, 2003, the credit card use payment amount of KRW 4,087,270,000,000,080, KRW 5,74342,534,4758 won, which was delayed on April 20, 203 are as follows.

B. The Defendant’s Intervenor’s Intervenor’s Intervenor’s wife was dead, holding the real estate indicated in the separate sheet (hereinafter “instant real estate”). The inheritor has eight children, including the Defendant and the Defendant’s Intervenor, who are the wife.

C. On October 20, 2009, after the deceased C’s death, the registration of ownership transfer was completed in the name of the defendant on the ground of inheritance due to the agreement and division as of April 21, 2009 (hereinafter “instant agreement on the division of inherited property”). D.

At the time of the consultation on the division of the inherited property of this case, the Defendant’s Intervenor did not have any particular property other than his share of inheritance regarding the instant real property. At the time, the registration of the establishment of the establishment of a neighboring mortgage of KRW 18,00,000 (hereinafter “the registration of the establishment of a neighboring mortgage of this case”) with respect to the said real property by the debtor who was the deceased C and the mortgagee as an agricultural cooperative for machinery was completed. However, on May 12, 2009, after the consultation on the

E. As of January 2, 2013, the market price of the instant real estate is KRW 55,607,080.

F. An independent party intervenor against the Intervenor joining the Defendant, the Daegu District Court’s resident support 2012j369.

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