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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The instant real estate was owned by C, and as C died around May 25, 2015, the registration of ownership transfer was completed on May 25, 2015 in the name of the Defendant (the deceased’s wife) on the following grounds: (a) on May 25, 2015; and (b) on the death of C around May 25,
[C] The plaintiff has a claim against B (the deceased and the defendant's ASEAN). The plaintiff asserts that B waives his/her right to share of inheritance of the real estate of this case and that the agreement on division of the above inherited property that the defendant inherited by himself/herself is a fraudulent act, and seek the cancellation and restitution of the claim as stated in the claim.
In this regard, the defendant asserted that the credit card payment claim of the plaintiff was finally acquired by the credit card payment claim against Choung Bank Co., Ltd., but the above claim is already extinguished by prescription and there is no preserved claim in order to exercise the creditor's right of revocation.
Therefore, comprehensively taking account of the overall purport of the pleadings as to whether the Plaintiff’s claim for preservation exists, as a whole, the purport of the argument as to whether the Plaintiff’s claim for credit card payment had been obtained and used with the credit card from the Heung Bank and lost the benefit of time due to the delay of payment from the date of the argument. Heungung Bank transferred the credit card payment claim for B on June 30, 2003 (the principal amount 5,090,332 won, interest for delay) to the IMTT Specialized Limited Company, and then the credit card payment claim for the above credit card payment claim can be acknowledged through the Korea Communications Company and Solomon Mutual Savings Bank, which was filed on December 14, 2015. It is clearly stated in the record that the lawsuit of this case was filed on June 30, 2003.
According to the above facts, it is apparent that the instant lawsuit was filed five years after the date of the first transfer, which was the date of the loss of the term interest after the date of the lapse of the five years from June 30, 2003.
For this, the defendant shall make the Seoul Central District Court's deposit claim B.