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(영문) 수원지방법원안양지원 2015.04.24 2014가단109431
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, on July 28, 2005, the credit card transaction was suspended due to the delinquency in the use of the card, among those with a Mexico card issued by a lot card company (hereinafter “shot card”).

B. On January 6, 2006, the Net Card applied for a payment order claiming the payment of credit card use price of KRW 7,491,520 to B as Busan District Court Branch Branch Decision 2006Ra131, and its delay damages. On January 9, 2006, the Net Card was issued by the above court.

Since then, the card price liability for B's card purchase card was transferred to the Plaintiff through the Solomon Savings Bank and the Nos. NAS System were transferred to the Plaintiff through a limited liability company. On May 20, 2014, the NAS System notified B of the fact of transferring the credit through content-certified mail to B.

C. C completed the registration of ownership transfer on August 18, 1987 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On August 24, 1992, on the instant real estate, the mortgagee registered the creation of a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate with the maximum debt amount of KRW 42,00,000, the obligor, and C.

On January 31, 2010, C died, and seven co-inheritors, such as E, F, B, G, H, H, and Defendant, who were born between D, the spouse of C, and the aforementioned co-inheritors, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) on August 16, 2010 by deeming that the Defendant solely inherited the ownership of the instant real estate and the instant secured mortgage obligation, as the Defendant solely inherited the ownership of the instant real estate and the instant secured mortgage obligation

E. At the time of the agreement on the division of the inherited property of this case, B’s inheritance shares with respect to the real property of this case were the only active property B.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 6 evidence, Eul 1 evidence and the purport of the whole pleadings

2. According to the facts of the recognition of the above preserved bonds, the plaintiff acquired before the transfer from a lot card.

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