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(영문) 서울중앙지방법원 2018.01.24 2017가단5114446
사해행위취소
Text

1. The sales contract concluded on October 27, 2015 between the defendant and the non-party B on the real estate stated in the separate sheet was 5,924.

Reasons

1. Basic facts

A. The Plaintiff’s indemnity claim 1) The Plaintiff is the Korea C&T Bank Co., Ltd. (hereinafter “Korea C&C Bank”).

B) A credit card credit insurance contract (the insured bank, the insurance period from April 1, 2013 to March 31, 2014) was concluded with the Defendant. 2) A lost the benefit of time due to the overdue payment of the credit amount used after being admitted as the credit card holders of the Nonparty bank.

3) The non-party bank filed a claim for insurance proceeds with the Plaintiff after handling the insurance accident under B’s card use price. On February 5, 2014, the Plaintiff paid KRW 4,792,167 ( principal KRW 4,270,219 interest rate of KRW 521,98) to the non-party bank. 4) The Plaintiff filed a claim for reimbursement against B against the Seoul Central District Court 2016da109125, and filed a lawsuit against the Plaintiff for reimbursement on May 3, 2016, “B” on May 3, 2016, “from February 6, 2014 to May 9, 2016, the Plaintiff received the payment of annual interest of KRW 6% and KRW 15% interest rate of KRW 4,270,219 from the date following the date to the date of full payment.” The decision of performance recommendation became final and conclusive as follows.

B. B on October 27, 2015, the mother of the Defendant and his/her sole property indicated in the separate sheet (hereinafter “instant real estate”).

2) The sales contract for the instant case is concluded (hereinafter “instant sales contract”).

(2) On November 23, 2015, at the time of the instant sales contract, the registration of ownership transfer was completed in the future of the Defendant: (i) the registration of provisional seizure of KRW 19,656,64 in the name of the creditor Samsung Card Co., Ltd.; (ii) the registration of provisional seizure of KRW 20,735,817 in the name of the creditor Samsung Card Co., Ltd.; (iii) the registration of provisional seizure of KRW 14,743,696 in the name of the creditor Hyundai Capital Co., Ltd.; (iv) the registration of provisional seizure of KRW 7,989,93 in the name of the creditor Daegu Bank; and (v) the registration of provisional seizure of KRW 5,503,505 in the name of the creditor Samsung Card Co., Ltd.

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