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(영문) 서울중앙지방법원 2017.09.20 2016가단5246391
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim B 1) B, as shown in attached Table 2, is loaned money to the said bank with a credit card issued from the said bank, and is liable to the said bank. 2) The Korea CTR Bank Co., Ltd., Ltd., on March 22, 2016, transferred its claim to the Plaintiff and completed the notification of the transfer.

3) On December 28, 2016, the Plaintiff filed a lawsuit against B to claim the payment of the transfer amount (Seoul Central District Court 2016Da5261253), and rendered a judgment on December 28, 2016 that “the Defendant shall pay to B the Plaintiff 54,383,977 won and 35,953,546 won with interest of 15% per annum from November 27, 2016 to the date of full payment.” (b) The Defendant completed the marriage report with C on April 26, 1973, and made B and D as its children.

2) C is a real estate listed in attached Form 1 (hereinafter “instant apartment”).

As to the Seoul Central District Court (Seoul Central District Court No. 9344, Feb. 17, 1981) completed the registration of ownership transfer based on sale and purchase on January 27, 1981) C died on October 19, 2015.

4) On October 30, 2015, the Defendant agreed on the division of inherited property B, D, and inherited property with the Defendant’s sole ownership of the instant apartment on October 30, 2015 (hereinafter “instant division”).

(2) As to the instant apartment, the Defendant completed the registration of the ownership transfer on the ground of inheritance due to the consultation and division as of December 8, 2015, the Seoul Central District Court No. 33754, Oct. 19, 2015. (5) The Defendant completed the registration of the establishment of the instant apartment as to the instant apartment as of April 19, 2016, the Seoul Central District Court No. 74536, Apr. 19, 2016.

6) There is no real estate owned by B. C. The defendant and C have committed violence against C around 2004.

2 The defendant from around 1976 to the business of producing and selling female uniforms in the Seodaemun market, and C is a commercial building for its business from around 1982 to 197.

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