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(영문) 대구지방법원 2014.05.13 2013가단23652
사해행위취소
Text

1. The defendant shall support the plaintiff with Suwon District Court as to the share of 3/9 of the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Samsung Card Co., Ltd. filed a lawsuit against A for the payment of the credit card use price. On January 26, 2004, the judgment was rendered that “A shall pay to Samsung Card Co., Ltd. the amount of KRW 27,775,298 and KRW 25,256,250 in proportion to 24% per annum from September 19, 2002 to the full payment date,” which became final and conclusive (U.S. District Court Sungnam Branch Branch 2002Ga23870).

B. Samsung Card Co., Ltd. on Aug. 22, 2005, to Solomon Mutual Savings Bank, to which Solomon Mutual Savings Bank was incorporated on Feb. 28, 2006, to which the KNS SP S S SP Investment Company was succeeded to the execution clause as of Mar. 15, 2006, to which the KNS SP SP S SP Investment Company was assigned, to the EsbS Investment Co., Ltd., and the Esca Asset Management Co., Ltd. transferred the above claim against B on Sept. 12, 2006 to Blolothn Capital Loans Co., Ltd. (hereinafter “Blothn Capital”) and on September 12, 2006, to which Blolothn Capital was succeeded to the execution clause as to the above judgment.

C. D, the husband of A, died on October 17, 2008, and his heir had the wife A, the wife of the Defendant, E, and F.

On May 14, 2009, the Defendant completed the registration procedure for transfer of ownership in the name of the Defendant’s sole name under the receipt of No. 60198, July 24, 2009, for the real estate listed in the separate sheet (hereinafter “instant real estate”), which is inherited property, due to inheritance by agreement division (hereinafter “instant agreement division”).

A filed a petition for bankruptcy with the Daegu District Court on October 23, 2012. A was declared bankrupt on February 5, 2013. The above court appointed the Plaintiff as the bankruptcy trustee. On April 3, 2013, the Plaintiff taken over the lawsuit of revocation of the fraudulent act of this case filed against the Defendant by Brazil Capital.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Gap evidence 9, 10, the purport of the whole pleadings

2. The defendant's judgment as to the cause of the claim shall raise an objection.

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