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(영문) 서울북부지방법원 2016.05.11 2015가단144362
사해행위취소
Text

1. As to 1/7 shares of real estate listed in the separate sheet:

A. Nonparty C and Defendant A concluded on July 27, 2015.

Reasons

1. Facts of recognition;

A. On May 16, 201, Nonparty C obtained a credit card from the Korea C&T Bank, Inc., and did not pay the amount for the use of the credit card. On September 5, 2014, the Korea C&C transferred the claim for the use of the credit card to the Plaintiff.

B. On December 23, 2014, the Plaintiff filed an application with the said C for the payment order for the credit card payment claim, and “C shall pay to the Plaintiff, who received the credit card payment claim from the said CFFFFF, the amount of KRW 6,387,914, and KRW 3,993,775, which shall be calculated at the rate of 29.9% per annum from December 19, 2014 to the date of complete payment,” the payment order (hereinafter “instant payment order”) issued by this court No. 2014,48653, which was served with the cohabitant (care) on February 26, 2015, which was finalized on March 13, 2015.

C. The real estate listed in the separate sheet (hereinafter “instant real estate”) owned Nonparty A’s (Death on July 27, 2015). Defendant A, Nonparty E, F, G, C, H, and I, who was a child of the deceased D’s co-inheritors, was the Defendant A, Nonparty A, G, C, H, and I. On August 28, 2015, the ownership transfer registration of the instant real estate was made under the Defendant A’s sole name on the grounds of inheritance by consultation and division on July 27, 2015.

C At the time of entering into an agreement on the division of the above inherited property, there was no particular active property other than the inherited property portion (1/7) of this case, and was in excess of the debt.

E. Meanwhile, at the time of the agreement on division of inherited property and the registration of transfer of ownership, the maximum debt amount was KRW 102,00,000 (66,30,000 as at the time of establishment of the collateral security on September 21, 2012, but changed on September 26, 2014) and the debtor was D, and the mortgagee was registered as a non-party Young-gun Forestry Cooperatives (the actual secured debt amount was KRW 78,00,000 at the time of the above agreement on division of inherited property and the registration of transfer of ownership). This was the following:

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