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(영문) 광주지방법원목포지원 2017.06.14 2017가단50332
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on April 12, 2016 between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B was transferred to Nonparty Samsung Card Co., Ltd. with credit card payments and loans, etc. from financial institutions, including Nonparty Samsung Card Co., Ltd., and the Plaintiff was rendered a final and conclusive judgment by filing a lawsuit claiming acquisition money against B around 2006 with the Jeonju District Court 2006Kadan1836. 2) The Plaintiff filed an order to pay B with the Seoul Central District Court for the extension of the extinctive prescription period of the claim based on the above judgment to seek the payment of acquisition money under the Seoul Central District Court 2016 tea1793, May 31, 2016, for the purpose of extending the extinctive prescription period of the claim, “B shall pay to the Plaintiff the amount of KRW 124,383,952 and KRW 35,264,425 with the annual interest rate of KRW 17% from May 3, 2016 to the date of complete payment.” The above order was served on the Plaintiff on June 27, 2016.

(B) The Plaintiff’s claim for the above transfer money against B (hereinafter “instant claim”).

On June 9, 2016, B completed the ownership transfer registration under the name of the Defendant (hereinafter referred to as “instant ownership transfer registration”) on each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant, who is the birth partner, based on the purchase and sale on April 12, 2016 (hereinafter referred to as “sale”).

C. At the time of April 12, 2016, the date of the instant sales contract for the insolvent of B, B, as of April 12, 2016, there was no active property other than the instant real estate with the market value of KRW 4-50 million. On the other hand, the debt owed to the Plaintiff exceeds KRW 120 million.

【Ground for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the refluences of the military authorities against the order to submit the information for taxation by this Court, the purport of the whole pleadings】

2. Determination:

A. According to the facts of recognition of the existence of the preserved claim, the claim of this case against B was already made at the time of the instant sales contract.

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