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(영문) 전주지방법원 2015.06.18 2014나6254
사해행위취소
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

between the defendant and B.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 5; (c) evidence Nos. 8 through 15; (d) evidence Nos. 1 and 2; (e) evidence Nos. 3; (e) evidence Nos. 4; and (e) the fact inquiry results with respect to the head of Geumcheon-gu in the court of first instance, and the purport of

B on July 26, 2006, by acquiring a credit card from the Plaintiff as the Plaintiff’s credit card holder and obtaining a credit card, the Plaintiff bears the Plaintiff’s obligation of paying the credit card amount of KRW 13,537,102 (i.e., principal amount of KRW 6,445,147 and overdue charge of KRW 7,091,95), as of March 8, 2013.

B. On March 8, 2013, the heir of B’s father network C (hereinafter “the deceased”), who died on August 13, 2009, concluded an agreement on the division of inherited property (hereinafter “instant agreement”) with the Defendant, and its siblings, D, E, and F, whose ownership transfer registration was completed in the name of the deceased, to the effect that the real estate in the separate sheet (hereinafter “instant apartment”) on which the ownership transfer registration was completed in the name of the deceased was solely owned by the Defendant. The Defendant completed the registration of ownership transfer in the name of the Jeonju District Court No. 1505, Mar. 14, 2013 as to the instant apartment following the instant agreement.

C. On March 8, 2013, the Defendant sold the instant apartment in KRW 120,00,000 to G, and completed the registration of ownership transfer in the name of G as the Jeonju District Court No. 1506, Mar. 14, 2013.

D received transfer of the purchase price of the instant apartment from G on March 14, 2013, and transferred KRW 22,000,000 to H, a creditor of B, as the creditor of B, KRW 5,00,000, respectively.

E. At the time of the instant consultation, B was in excess of the debt, and 1/5 shares, the inheritance shares of B among the instant apartment buildings (hereinafter “instant inheritance shares”) were the only property of B.

F. Meanwhile, as of May 14, 2015, the debt amount of this case as of May 14, 2015 = 17,140,742 = Principal 6,445,147; and 10,695.

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