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(영문) 서울동부지방법원 2017.11.03 2017가단102670
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C entered into a credit card use contract with the foreign exchange card company (hereinafter “foreign exchange bank”) on April 30, 2003, and around that time, borrowed KRW 5,510,000 from the foreign exchange bank. (2) The foreign exchange bank specialized in the e-backed securitization transferred the above loan claim against C (hereinafter “instant claim”). On March 31, 2008, the e-backed savings bank was transferred the instant right by means of a contract for the purchase and sale of bonds with a limited liability company specialized in the e-backed securitization. On December 28, 201, the Plaintiff entered into an asset transfer contract with the e-backed savings bank and received the instant claim, and on March 7, 2012, the e-backed savings bank sent notice to C as to the said assignment of claim by content-certified mail.

3) On November 10, 2014, the Plaintiff filed a payment order against C with the Seoul Western District Court 2014 tea 67881 (Seoul Western District Court) on November 13, 2014, ordering C to pay the Plaintiff KRW 23,694,967 and delay damages for KRW 5,510,00 among them (the original payment order was served to C on November 18, 2014).

(B) The payment order was finalized on December 3, 2014. B. On December 21, 2014, C and the Defendants’ father D died on the division of inherited property, and C and the Defendants jointly inherited the deceased as indicated in the attached list of heirs and inheritance shares. At that time, their inheritors agreed on the division of inherited property (hereinafter “instant division agreement”) with the effect that each of the real estate listed in the attached list of the deceased’s property (hereinafter “instant real estate”) shall own 8/15 shares of Defendant A and 15 shares of Defendant B, and accordingly, on July 1, 2015, the registration of ownership transfer was completed on July 1, 2015, with respect to each of the instant shares of the instant real estate, based on the instant division agreement.

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