logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.13 2014가단130915
사해행위취소
Text

1. It was concluded on May 6, 201 with respect to 2/9 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. On October 24, 1998, the Plaintiff’s succeeding intervenor’s claims against the Plaintiff’s Intervenor B (1) concluded a credit card agreement with Cho Han-chul, Inc. (B).

Around July 4, 2005, Cho Ho Bank Co., Ltd. transferred its credit card use claim against B to the Plaintiff (Withdrawal) SB Savings Bank (former Mutual Savings Bank, Hyundai SB, Inc., hereinafter “SB Savings Bank”), and notified B of the fact of the transfer of the credit card assignment on the 15th day of the same month.

(2) The SB Savings Bank filed an application with the Seoul Central District Court for a payment order (2014 tea 4009) against B to pay the above amount receivable. On July 31, 2014, the said court issued an order to pay the amount of KRW 38,287,706 to SB Savings Bank and KRW 11,93,232 per annum from July 9, 2014 to the date of full payment. The said order was finalized on August 22, 2014.

The amount of the above transferred money claim as of October 6, 2014 is KRW 39,030,232.

(3) Meanwhile, on November 24, 2014, the SB Savings Bank filed the instant lawsuit against the Defendant seeking revocation of a fraudulent act. On October 29, 2015, during the lawsuit, the Plaintiff’s succeeding Intervenor transferred the said claim to the Plaintiff and notified B of the fact of transferring the said claim on or around February 11, 2016.

B. The real estate listed in the separate sheet (1) was owned by C, and the said C died on May 6, 201.

The heir of the network C has the wife, D, E, and B, the wife, and children.

(2) On May 6, 201, the Defendant completed the registration of ownership transfer on the instant real estate on August 29, 201, by reason of inheritance by agreement and division (hereinafter “instant agreement”) as of May 6, 201.

C. (1) B’s property status, etc. is excluded from the part inherited from the deceased C at the time of the instant partition consultation.

arrow