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(영문) 대구지방법원 경주지원 2018.11.13 2017가단1786
사해행위취소
Text

1. As between the Defendant and G:

A. On January 23, 2016, 201 regarding shares of 2/13 out of the real estate listed in the separate sheet No. 1.

Reasons

Basic Facts

The following facts may be acknowledged, either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, 5, 6, 7, 7, 8, 9, 11, Eul evidence Nos. 1, 2, and 3 (including additional numbers), and in full consideration of the results of fact inquiries on machinery, such as Daegu District Court racing support, and the overall purport of pleadings.

G joined the Plaintiff’s credit card holder and obtained credit cards from the Plaintiff.

G agreed to pay damages for delay calculated at the rate of 29.9% per annum from the date of delay to the Plaintiff when delayed payment of credit card use fees, fees, etc.

B. From October 5, 2015, G delayed payment of KRW 12,043,910 for the credit card use amount issued by the Plaintiff from around October 5, 2015. As of June 7, 2017, G’s credit card use claim against the Plaintiff’s G is the principal amount of KRW 12,043,910,910, 1,025,077, interest 15,137, damages for delay, and KRW 3,62,743, total of KRW 16,706,867.

C. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by G’s father, and H died on November 28, 200.

Accordingly, H’s wife inherited each of the instant real estate in 3/13 shares, G, J, Defendant, K, and L, each of which is 2/13 shares. D.

I, G, J, Defendant, K, and L, on January 23, 2016, entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with the Defendant’s sole possession of the instant real estate No. 1, and accordingly, the Defendant completed the registration of ownership transfer on January 25, 2016 on the instant real estate No. 1 on the ground of inheritance by agreement and division on November 28, 200.

E. At the time of the first consultation, G is an active property: ① KRW 493,580, which corresponds to G’s inheritance shares 2/13 among the instant immovable property No. 1, which constitutes the market price of KRW 3,208,275 (hereinafter the same shall apply), ② the market price of KRW 21,782,80 (=i.e., KRW 76,700 x 284 square meters and January 1, 2016). G among the instant immovable property No. 2.

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