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(영문) 부산지방법원 2018.08.16 2017가단35058
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1, 2, and 3, and evidence Nos. 4-1, 2, and 3, and the purport of Eul evidence Nos. 2 and 4 as a whole.

On June 21, 2006, the Plaintiff entered into a Credit Card Member Agreement with B and issued a credit card.

B. On November 13, 2008, the Defendant married with B, and left Dad'(D's birth).

C. B purchased the real estate listed in the separate sheet on April 26, 2013 (hereinafter “the instant real estate”) and completed the registration of ownership transfer, and on the same day, B completed the registration of establishment of a mortgage on the instant real estate in the vicinity of the maximum debt amount of 72 million won in the National Bank of Korea (hereinafter “National Bank”).

B, on April 25, 2016, Hyundai Capital Co., Ltd. (hereinafter referred to as "Mouri Capital") with respect to the real estate in this case, B was the debtor, and the establishment registration of a mortgage was completed on the basis of the maximum debt amount of 79,200,000 won, and the establishment registration of a mortgage in the name of a national bank was cancelled on April 26, 2016.

E. B, on July 20, 2016, on the instant real estate, registered the creation of a mortgage consisting of B, the debtor, and the maximum debt amount of B, KRW 40 million, was completed. However, on September 28, 2017, the registration of the establishment of a mortgage in the name of the Vienna Capital, the debtor of B, was cancelled on September 28, 2017.

F. B was in arrears with the credit card payment to the Plaintiff from October 6, 2017, and the principal and interest of the Plaintiff’s credit card payment claim against B as of December 6, 2017 is KRW 13,595,934.

G. On October 12, 2017, B completed the registration of ownership transfer with respect to the instant real estate donated on October 12, 2017 to the Defendant on October 12, 2017 as the grounds for registration.

H. On October 26, 2017, the Defendant completed the registration of the establishment of a neighboring mortgage on the ground of the maximum debt amount of 81.6 million won by designating the Defendant as the debtor in the name of Hyundai Capital, and the status of Hyundai Capital that made B the debtor as the debtor.

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