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(영문) 대구지방법원포항지원 2017.09.26 2017가단100008
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A real estate sales contract concluded on April 21, 2016 between the Defendant and B.

Reasons

1. On February 2013, Hyundai Card Co., Ltd. entered into a credit card use contract with B, and around April 2016, the credit card user fee claim against B amount to approximately KRW 24,000,000.

B On April 21, 2016, the Defendant, as the mother, entered into a sales contract to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only real estate owned by him/her (hereinafter “instant sales contract”), and completed the registration of ownership transfer with the Defendant as the Daegu District Court No. 34501 on April 22, 2016.

On the other hand, around August 2016, B did not pay the credit card fee under the above credit card use contract, and around September 2016, B did not pay the credit card fee.

On October 5, 2016, Hyundai Card Co., Ltd. transferred to the Plaintiff (hereinafter referred to as “Plaintiff”) a credit card fee claim against B, and notified B of the fact of the transfer of credit to B around October 12, 2016.

B’s credit card payment obligation is KRW 3,080,572 as of January 2, 2017.

On January 2, 2017, the Plaintiff filed the instant lawsuit seeking revocation of a fraudulent act against the Defendant. On April 20, 2017, the Plaintiff, while the lawsuit was pending, transferred the Plaintiff’s successor to the Plaintiff’s credit card license to B, and notified B of the transfer of the credit card assignment on May 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, Hyundai Card Co., Ltd. held the credit card use payment claim against B prior to the instant sales contract, and thus, it constitutes a preserved claim by Hyundai Card Co., Ltd. for the obligee’s right of revocation.

B. It is difficult for the obligor to sell and consume real estate, which is the only property of the obligor, and to change it into money easily for consumption.

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