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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff acquired a credit card user’s credit card payment claim (2,982,100 won and damages for delay thereof) against B, and filed an application for payment order against B with the Seoul Central District Court 2008Guj24965. The above court ordered the Plaintiff to pay the payment order “B shall pay to the Plaintiff 12,225,518 won and its 2,982,100 won with interest of 18% per annum from April 11, 2008 to the date of full payment.” The above payment order was finalized on May 30, 2008.
B. C (1933) married with the Defendant (1937) and sleeped with four parallels, including D (1959s), E (1961s), and B (1966ss). On April 10, 2001, after acquiring the ownership of the instant house (1st floor, 101 out of the 4th cubic household, 14th square household, 1937 and 81 years old) and the two were killed on April 27, 201, the Defendant (1937, 1937, and 1961) and the two were killed on April 27, 2014.
C. On June 10, 2016, the Defendant completed the registration of ownership transfer in the name of the Defendant solely based on the agreement division of inherited property as of April 27, 2014 between the deceased’s heir (the wife Defendant and four children) (hereinafter “instant agreement division”).
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff asserts that the transfer of B/11 shares, one’s share of the instant housing, which is one’s share, to the Defendant through the instant consultation division, constitutes a fraudulent act detrimental to the Plaintiff, who is a general creditor in B, and therefore, as to the shares of 2/11 shares among the instant housing, which are the shares of B in the sole name of the Defendant, the Plaintiff is obligated to implement the procedure
B. As to this, the Defendant did not know the relationship between the claim and the obligation of B, which has long been living in his house, and only did he live with the Deceased.