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(영문) 부산지방법원 2015.04.23 2014가단241470
사해행위취소
Text

1. Of the real estate listed in the separate sheet between the Defendant and B, 2/13 shares are concluded on December 6, 2012.

Reasons

1. Facts of recognition;

A. B, on May 10, 2001, approved the credit card use terms and conditions with the National Bank Co., Ltd. (hereinafter “National Bank”), and entered into a credit card agreement with the said bank to pay damages for delay in accordance with the interest rate determined by the said bank.

B. B lost the benefit of time due to failure to pay the above credit card price of KRW 7,343,055. On December 21, 2004, a national bank transferred the above loan claim against B to a stock company of the promotion mutual savings bank (hereinafter “promotion mutual savings bank”) and notified B of the fact on January 22, 2005.

C. On October 14, 2008, the promotional mutual savings bank (owner) filed a lawsuit against B against Busan District Court Decision 2008Gada121227, and rendered a judgment on October 14, 2008 that "B shall pay to the promotional mutual savings bank 14,184,935 won and 7,343,05 won with interest of 20% per annum from August 22, 2008 to the date of full payment." The above judgment was finalized on November 21, 2008.

On June 15, 2011, the promotional mutual savings bank transferred the above obligation to the Plaintiff. On July 28, 2011, the Plaintiff notified the Plaintiff of the fact on behalf of the said transferor.

E. C was killed on December 6, 2012, and the deceased C (hereinafter “the deceased”)’s heir had five children, including the Defendant and B, who are the spouse, and the property left by the deceased was the only real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant’s share in inheritance is 3/13, and five children, including B, are 2/13, respectively.

F. On December 6, 2012, the Defendant, the inheritor, and his children, including the Defendant, succeeded to the instant real estate inherited from the Deceased, and the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”), and at the time B was insolvent.

G. On February 12, 2013, the Defendant’s inheritance on the instant real estate due to an agreement on partition.

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