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(영문) 창원지방법원 2021.02.04 2019나62083
사해행위취소
Text

The judgment of the first instance shall be revoked.

All of the plaintiff's claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On October 16, 2009, the Plaintiff’s claim 1) C did not pay the settlement price of the credit card issued by the Plaintiff upon receipt of an application by the Plaintiff around October 16, 2009. On September 25, 2014, D had transferred the credit card payment claim against C to the Plaintiff, and around that time notified C of the transfer of the credit.

2) On December 23, 2014, the Plaintiff filed a lawsuit with the Seoul Northern District Court seeking the payment of the said acquisition amount against C. On July 21, 2015, the said court rendered a judgment with the purport that “C shall pay to the Plaintiff the amount of KRW 20,55,228 and KRW 13,29,344 with interest of 29.9% per annum from December 19, 2014 to the date of full payment” (Seoul Northern District Court Decision 2015DaDa316475). The said judgment became final and conclusive around that time.

B. C’s agreement on division of inherited property 1) The deceased F, the father of C, owned real estate listed in Section 1, 2, and 4 of the attached Table No. 3 as of November 6, 2018, as of November 6, 2018.

2) C had 2/11 shares in inheritance of the net F’s property. However, on December 27, 2018, the deceased’s inheritors, including C, held a split-off consultation with the Defendant, who is the deceased’s spouse, on all of the above real property.

3) According to the agreement on the division of the above inherited property, on December 28, 2018, the ownership transfer, etc. was completed to the Defendant on December 28, 2018, with respect to the real estate listed in paragraphs 1/2 shares and paragraph 2 of the attached list among the real estate listed in paragraph 3 of the attached list of the real estate (the grounds for registration are inheritance by mutual agreement as of November 6, 2018) on the same day as the ownership transfer, etc. (the inheritance by mutual agreement as of November 6, 2018) of the attached list of the real estate was completed on January 2, 2019, after the ownership transfer, etc. was completed to the Defendant on the same day (the grounds for registration by mutual agreement as of November 6, 2018). [The grounds for registration] The fact that there was no dispute over the grounds for recognition, the purport of the entire pleadings, and the purport of the whole pleadings.

2. The plaintiff's claim and judgment

A. As to each real estate in the name of the Plaintiff’s claimant C with respect to each real estate in the name of the deceased F.

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