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(영문) 대전지방법원 2017.04.20 2016가단215599
사해행위취소
Text

1.(a)

On August 8, 2014, it was concluded on August 8, 2014 with respect to 2/9 shares of each real estate listed in the separate sheet between the defendant and B.

Reasons

Basic Facts

Plaintiff B’s claim 1) B around November 23, 2001, Hyundai Card Co., Ltd. (hereinafter “Modern Card”)

A) A member of the credit card was filed, and around that time, the credit card was issued by the Hyundai Card and the credit card was in arrears. (2) The Hyundai Card was transferred to the Promotion Savings Bank Co., Ltd. on January 16, 2004, and the said Company Co., Ltd. on June 15, 201, to Co., Ltd. on September 1, 201, the said Company Co., Ltd. on D Co., Ltd. on D Co., Ltd. on September 1, 201, and the said Company transferred each credit card price claim to the Plaintiff on July 31, 2013, and each of the above credit card price claims to B on October 11, 2013.

3) The Plaintiff filed an application with the Seoul Central District Court for a payment order seeking the payment of the above transfer money against B as Seoul Central District Court Decision 2013Hu219583. On November 4, 2013, the said court ordered the Plaintiff to pay the payment amounting to KRW 8,879,723 and KRW 2,985,451 among them. The said payment order became final and conclusive around that time, and the foregoing payment order became final and conclusive at that time. B’s 1) net C (hereinafter “the deceased”) died on August 8, 2014. The Defendant and his children, who are the wife of the deceased, jointly inherited the deceased.

2) The Deceased shall provide each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

A) Around August 8, 2014, Defendant, D, E, and B owned the instant real estate, and the Defendant agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) that the Defendant would independently own each of the instant real estate (hereinafter “instant agreement on division of inherited property”).

As to each of the instant real estates, on December 30, 2014, the registration of ownership transfer was completed under the name of the Defendant on the grounds of the consultation on the division of the instant inherited property. 3) The registration of ownership transfer under the name of the Defendant was completed prior to the consultation on the division of the instant inherited property: ① the maximum debt amount of KRW 52 million, the debtor network C, and the Daejeon Central Credit Cooperative, the debtor network C, the mortgagee, and the registration of establishment of a collateral security, ② the maximum debt amount of KRW 65 million.

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