(영문) 서울중앙지방법원 2017.12.21 2017가단5145815

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(영문) 서울중앙지방법원 2017.12.21 2017가단5145815

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Samsung Card Co., Ltd. requested a payment order against B to the effect that “the payment order of KRW 16,240,721 and 16,240,721 among them shall be paid at the rate of 28% per annum from December 6, 2003 to the date of full payment,” and the above payment order of March 6, 2004 (hereinafter “pre-payment order of this case”) was finalized.

B. The Samsung Card Co., Ltd. had against B, in addition to the claims based on the instant payment order, KRW 7,342,515 (hereinafter “instant separate claim”). However, the instant separate claim based on the instant payment order and the instant separate claim were subsequently transferred in sequence to the Plaintiff via Solomon Savings Bank and the NANAS Limited Company, and the Plaintiff filed an application with the court for a payment order seeking the payment of the instant separate claim and the instant separate claim under the instant separate payment order and the instant separate payment order (hereinafter “instant payment order”) on September 18, 2013.

C. On September 20, 2009, when the attached list attached to B (hereinafter “the apartment of this case”) was resided with the Defendant, who is his spouse, on September 20, 2009, the attached list attached to B completed the registration of the creation of a mortgage (hereinafter “mortgage”) worth KRW 426 million for the apartment of this case on February 18, 2009 with respect to the debtor C, the mortgagee, the Korea Housing Finance Corporation, the maximum debt amount, and the lease of the mortgage (hereinafter “the mortgage of this case”) with respect to the apartment of this case on February 18, 2009, the house is not allowed to establish a limited real right, or to restrict the ownership of the apartment of this case without the consent of the Korea Housing Finance Corporation under the Korea Housing Finance

‘Supplementary registration of prohibited matters' has been completed.

For reverse annuity mortgage loans, the elderly aged 60 years or older live in financial institutions.

참조조문

-한국주택금융공사법

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