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(영문) 수원지방법원안산지원 2016.02.18 2014가합3914
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around April 5, 2012, Nonparty B entered into a credit card use agreement with the Plaintiff with respect to the Plaintiff’s credit card use claim against Nonparty B, and the credit card use amount used from March 1, 2014 to April 1, 2014 was the sum of KRW 206,403,751 (three months).

Since then, B was in arrears in paying the credit card use fee and lost the benefit of time around June 25, 2014, and as of July 1, 2014, B bears a total of 392,690,519 won for the principal and interest of the credit card use fee to the Plaintiff as of July 1, 2014.

B. On May 2, 1996, the Defendant: (a) completed a marriage report with B on May 2, 1996; and (b) filed a lawsuit against B, on December 17, 2013, seeking judicial divorce and division of property, and designation of a person with parental authority and a custodian; (c) on April 1, 2014 in the instant case, “Defendant and B shall be divorced; and (d) B shall be liable to compensate the Defendant for property division; and (e) one-half share of 24,595 square meters of the real estate in the instant case as the property division; and (e) the Defendant was established by B with respect to the instant real estate (hereinafter “the Newanananan-gun land”); (e) the Defendant was to designate the mortgagee, the debtor, the maximum debt amount, 31,300, and 300 won as the person with parental authority and the person with parental authority (hereinafter “the person with parental authority”).

3) Accordingly, on April 28, 2014, the Defendant completed the registration of ownership transfer on the instant real estate on the ground of the instant property division. On June 11, 2014, the registration of ownership transfer was revoked on the ground of the instant property division. On the same day, the Defendant completed the registration of establishment of a mortgage over the said real estate, which was completed on the same day, with respect to the said real estate, ELI Co., Ltd., Ltd., the maximum debt amount, KRW 288,00,000, and the establishment of a mortgage over the debtor.

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