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(영문) 서울북부지방법원 2016.08.11 2015가단129042
사해행위취소
Text

1. The Defendant and Nonparty B concluded on June 29, 201 regarding shares in 2/11 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. (1) B agreed to make monthly payments with credit card holders as members, but did not pay the usage amount of KRW 6,184,246. The above usage amount claim was transferred to Hyundai Capital on February 8, 2011, and thereafter, the said use amount claim was finally transferred to the limited liability company specialized in the ELIB and the Plaintiff. (2) B borrowed KRW 10,00,000 from Tae River loan and decided to pay the principal and interest in installments on the settlement date of each month. However, although the principal and interest were in arrears, the said claim was transferred to ELC on November 9, 2012.

3) As of July 11, 2015, the principal and interest of the above two claims are as follows. (b) Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned by C, the father of B. As of June 29, 2013, C died on or around June 29, 2013, the denying Defendant and children, B, D, E, and F shared inherited each of the property.

2) On June 29, 2013, co-inheritors, including the Defendant and B, shall consult on the division of inherited property owned by the Defendant, each of the instant real estate (hereinafter “instant division agreement”).

In addition, the registration of ownership transfer was completed on August 19, 2013 by the Ulsan District Court (Seoul District Court No. 67763, Aug. 19, 2013) with respect to each of the instant real property. (iii) On the other hand, with respect to the real property listed in paragraph (1) of the attached Table, the registration of ownership transfer was cancelled on September 4, 2013, with respect to each of the instant real property by the debtor C and the maximum debt amount of 65,000,000 won, but the registration of ownership transfer was completed on August 27, 2013 (the sale price of KRW 145,00,000).

C. B’s property status was in excess of the debt without any particular property at the time of the instant split-off consultation.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6, Ulsan-gu of this Court H.

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