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(영문) 춘천지방법원 2015.11.03 2015가단2433
가액배상
Text

1. As to 2/9 shares of the real estate listed in the separate sheet

A. It was concluded on August 1, 201 between the Defendant and B.

Reasons

1. Facts of recognition;

A. B, around October 2, 2007, entered into a credit card transaction agreement with the Plaintiff (a former EL card Co., Ltd.) and used the Plaintiff’s credit card. However, since December 2010, B delayed payment of the credit card amount. The amount of principal and interest on the unpaid credit card as of March 20, 2015 reaches KRW 58,183,795.

B. The registration of ownership transfer was completed on January 23, 1991 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and on September 30, 1989, which is the Defendant’s spouse, C, who was the Defendant’s spouse. C died on August 1, 201, and C, who was the Defendant and his/her spouse, D, E, and B.

C. On August 1, 2011, B, Defendant, D, and E agreed on the division of inherited property, including the instant real property, with the content that the Defendant independently owns (hereinafter “instant division agreement”), and the Defendant completed the registration of ownership transfer on March 28, 201 with respect to the instant real property on the grounds of inheritance by division on August 1, 2011.

At the time of the split-off consultation, B had no active property except for the market price of KRW 28,88,888,88 (=market price of KRW 130,00,000 x inheritance share of KRW 2/9) at the time of the inheritance share of the instant real estate, which is inherited property. However, as a small property, there were KRW 33,911,935, and the principal of the debt owed to the Gangwon Credit Guarantee Foundation for the Plaintiff and KRW 30,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion B did not meet the joint security of ordinary creditors by holding a consultation on the division of the instant inherited property in excess of debt, the agreement on the division of the instant inherited property constitutes a fraudulent act.

B. The Defendant’s assertion that the instant real estate is the money that the Defendant originally operates in the name of “F” and operates in the name of “F.”

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