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(영문) 부산지방법원 2018.05.15 2017가단22144
사해행위취소등(가액배상청구)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The National Card Co., Ltd and Samsung Card Co., Ltd held each card payment claim against B (the National Card Co., Ltd. is KRW 462,884 on the basis of the unrepaid principal, and the Samsung Card Co., Ltd. is KRW 8,880,500). On October 24, 2003, it was transferred to ELD Investment Securities Co., Ltd., and the ELD Investment Securities Co., Ltd re-transfer to the Plaintiff on the same day.

B. On June 23, 2016, the Plaintiff filed an application with B for a payment order with the purport that “B shall pay the principal and interest of the assignee-paid loan (Seoul District Court 2016 teas.13520).” On June 24, 2016, the Busan District Court issued an order to pay the Plaintiff 17% per annum from October 25, 2003 to August 18, 2006, 20% per annum from the following day to September 30, 2015, and 15% per annum from the next day to the date of complete payment.” The payment order was finalized on July 22, 2016.

C. C, the owner of real estate, died on March 11, 201, and as inheritor, there were children D, B, E, Defendant, F, G, and H. D.

On the other hand, with respect to real estate on December 10, 2010, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) of the debtor C, the maximum debt amount of 45,500,000 won has been completed on July 12, 201, and the registration of transfer of ownership was completed on March 11, 201 in the future of the defendant on July 12, 2013, and the registration of cancellation of the registration of creation of the right to collateral security (hereinafter “right to collateral security”) was completed on August 1, 2013, and on August 7, 2013, the registration of cancellation of the right to collateral security was completed on July 29, 2013.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. On July 12, 2013, Plaintiff B made an agreement on the division of inherited property that renounces one’s own inheritance shares with the intent to evade obligations owed to the Plaintiff in excess of obligations.

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