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(영문) 서울북부지방법원 2018.11.14 2018가단110940
사해행위취소
Text

1. As to 2/5 shares of each real estate listed in the separate sheet between C and the Defendant, August 26, 2015.

Reasons

1. Facts of recognition;

A. (i) On February 24, 2009, the Plaintiff entered into an agreement with D and D to join and use credit card holders, but later, the credit card use fee was overdue.

D. On September 25, 2014, on the part of the Plaintiff, the Plaintiff transferred the credit card use-price claim against C (hereinafter referred to as the “transfer-price”), and around that time, notified C of the transfer.

Referencely, the Plaintiff received payment order (Seoul Northern District Court 2015 tea13246) from C on April 16, 2015.

Applicant The principal and interest of the instant claim for the acquisition of the instant loan are KRW 54,624,188 as of September 12, 2018 (interest 31,055,525 won from March 6, 2018 until March 6, 2018 to interest 3,174,263 won from March 7, 2018 to September 12, 2018).

B. (i) On August 19, 2014, E died, and as his heir, there was C, F, G, and H, the wife, and F, G, and H renounced inheritance.

On August 18, 2015, the registration of the transfer of shares in the name of the defendant (5/3 shares) and C (2/5 shares) arising from inheritance by subrogation of the administrator of the collective security interest in the case of each real estate listed in the separate list (hereinafter referred to as "each of the real estate in this case") among the inherited property of the deceased.

On August 26, 2015, the Defendant and the Defendant agreed on the division of the inherited property (hereinafter referred to as “instant agreement on division of the inherited property”) with the content that the Defendant succeeds to all of the instant real property, and on the same day, they completed the registration of transfer of shares in the name of the Defendant (hereinafter referred to as “the registration of transfer of shares in the instant case”).

C. After the consultation on the division of the inherited property of this case, each transfer registration of shares in the name of J and K was completed on December 8, 2015 (the sale price of the instant real estate 280,000,000 won) with respect to the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “real estate 1 of this case”)

Seedice Nos. 1 through 5.

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