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(영문) 대구지방법원 2017.09.22 2017가단110684
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. The Plaintiff’s claim 1) B entered into a credit card transaction agreement with Samsung Card Co., Ltd., but the said agreement was terminated because it did not timely pay credit card use fees and agreed amount. Samsung Card Co., Ltd., on January 25, 2006, the said Samsung Card Co., Ltd., Ltd., a limited liability company on April 30, 2008, the said limited liability company to Solomon Savings Bank, and the said savings bank, to the Plaintiff on April 26, 2011, transferred the card purchase price claim against the Plaintiff under the order against the Plaintiff on April 26, 2011. (2) The Plaintiff filed an application for the payment order (hereinafter “instant payment order”) with the Seoul Western District Court No. 2015 tea37082, the acquisition price claim against the Plaintiff (hereinafter “this case’s acquisition price claim”) with the Plaintiff on June 29, 2015, the said court received the payment order from the said Plaintiff on June 29, 2015.

3) As of April 17, 2017, the instant claim for acquisition money remains KRW 16,029,50,000, interest KRW 10,898,691, and KRW 342,270, and actual expenses KRW 213,546, and KRW 16,029,50,07. B. The network C (hereinafter “the deceased”) on October 4, 1084, completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

As the deceased died on July 6, 2016, the registration of ownership transfer was completed in the Defendant, the spouse of the deceased, on the ground of the division of inherited property on the same day (hereinafter “division of inherited property of this case”) on February 1, 2017, under the receipt of No. 15272, the Daegu District Court registered on February 1, 2017.

2) The deceased’s heir is the Defendant, children B, D, E, F, G, and H (B’s statutory share of inheritance is 2/15).

C. B The property status of B in 2016.

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