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(영문) 인천지방법원부천지원 2017.09.15 2014가단48820
사해행위취소
Text

1. The limit of KRW 21,400,000, which was concluded on July 2, 2014 with respect to the real estate stated in the separate sheet between the Defendant and B.

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and the purport of Gap evidence No. 7.

B entered into a credit card use contract with the Hyundai Card Co., Ltd. (hereinafter referred to as "on-site card") around May 2006, and used the credit card of the company around that time.

B. On July 2, 2014, B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the attached building (hereinafter “instant building”) and completed the registration of ownership transfer to the Defendant on the same day.

C. On August 6, 2014, the Plaintiff received the credit card payment claim against B from the Hyundai Card, and on August 11, 2014, the Hyundai Card notified it to B and reached that time.

2. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of arguments as to evidence Nos. 6 and evidence Nos. 13, B, at the time of the instant sales contract, had a credit card payment obligation of KRW 26,813,940 against the Hyundai Card at the time of the instant sales contract, and had already been due; as of November 27, 2014, the Plaintiff brought a lawsuit in this case, increased the above obligation to KRW 30,153,648; and it can be acknowledged that the Plaintiff has not been repaid until now; the Plaintiff acquired the above obligation from the Hyundai Card and notified the assignment of the obligation to B; according to these facts, the Plaintiff had a claim preserved by fraudulent act against B.

B. The facts as seen earlier are that there were KRW 26,813,940 as to the small property B at the time of the instant sales contract with priority to the fraudulent act, and that there were KRW 70,124,872 as to the new bank at the time of the instant sales contract, and KRW 2,087,00 as to the lot card.

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