logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2014.01.15 2013가단6875
사해행위취소
Text

1.(a)

As of September 20, 2012, which was concluded between Defendant A and C with respect to the 1/2 share out of the attached Table 1.

Reasons

1. Basic facts

A. On November 21, 2005, C was issued a credit card from Hyundai Card Co., Ltd. upon filing an application for joining Nonparty Hyundai Card Co., Ltd. and credit card holders. (2) From September 11, 2012, C began to delay in payment of the credit card payment in accordance with the above credit card contract, and on May 9, 2013, C’s credit card payment amount unpaid as of May 16, 2013 is KRW 16,735,958.

3) Meanwhile, on December 6, 2012, the Plaintiff acquired credit card payment claims from Hyundai Card Co., Ltd., and Hyundai Card Co., Ltd. notified C of the fact of the assignment of claims on or around December 10, 2012. (b) The Defendants were children of C, and Defendant A and C shared the automobile No. 1 in relation to the automobile No. 1 in the attached Table No. 2, and Defendant B and C shared the share of 1/2 in relation to the automobile No. 2 in the attached Table No. 1.

2) On September 20, 2012, C entered into each sales contract with the Defendants on September 20, 2012 as to C’s share 1/2 among each of the vehicles listed in the separate sheet, and on September 21, 2012, C entered into the said sales contract with the Defendants, and completed the ownership transfer registration as described in the separate sheet Nos. 1 and 2-B as to each of the above shares in the name of the Defendants (hereinafter referred to as “instant vehicle,” collectively referred to as “each of the vehicles listed in the separate sheet,” collectively referred to as “the instant transaction,” and collectively referred to as “

3) C was in excess of the obligation at the time of the instant sales contract, and each of the said shares in the instant automobile was the sole property.

Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the establishment of the preserved claim, the Plaintiff had already occurred on September 1, 2012, prior to the date of the instant sales contract, the credit card payment claim under the instant credit card contract that the Plaintiff received from Hyundai Card Co., Ltd., and thus, the Plaintiff.

arrow