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(영문) 서울중앙지방법원 2016.03.18 2015가단176179
사해행위취소 등
Text

1. On February 8, 2015, the Defendant and Nonparty B concluded on February 8, 2015 with respect to the share of 2/11 of the real estate stated in the attached Form.

Reasons

1. Facts of recognition;

A. B entered into a credit card membership agreement with the Plaintiff and used a credit card, and from July 26, 2010, the Plaintiff applied for payment order against B as Seoul Central District Court Decision 2010 tea12534, the Plaintiff applied for payment order against B. On September 9, 2010, the said court ordered the Plaintiff to pay the amount of KRW 15,730,020 as well as KRW 15,168,01 as to KRW 15,168,01 as to KRW 15.9% per annum from September 7, 2010 to the date of full payment, and the said payment order was finalized on October 2, 2010.

B. The obligation to pay credit card bills in B remaining as of October 13, 2015 reaches KRW 15,168,01, interest and delay damages in total of KRW 22,125,423, 37,293,434, total of KRW 15,168,01, interest and delay damages.

C. A father C died on February 8, 2015, and accordingly, C’s property was jointly inherited at the ratio of 3/11 shares, and 2/11 shares, including B.

On February 8, 2015, the Defendant and the co-inheritors, including B, agreed on the division of inherited property with the purport that the Defendant, the spouse of C, should own the instant real estate owned by C (hereinafter “instant real estate”). Accordingly, the Defendant completed the registration of ownership transfer regarding the instant real estate on April 1, 2015.

E. On May 8, 2015, the Defendant sold the instant real estate in KRW 310 million to D and E, and completed the registration of ownership transfer with respect to the instant real estate to D and E on July 31, 2015, and on June 19, 2015, the Defendant repaid KRW 69,315,411 of the secured debt (the maximum amount of claims 110,50,000 won) with respect to the instant real estate established in the Mano Credit Union on September 24, 2008.

F. B at the time of the agreement on division of the inherited property of this case, there was no other assets except the inheritance shares of this case.

Grounds for recognition: Evidence A 1 to 2-2, Evidence B 1 to 4, Evidence 6-1, respectively.

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