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(영문) 서울남부지방법원 2018.02.08 2017나51547
사해행위취소등(가액배상청구)
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On October 24, 2003, Choung Bank concluded an asset transfer agreement with ELD Investment Securities Co., Ltd., and transferred credit for credit amount (10,320,932 won as principal) to B. On the same day, ELD Investment Securities Co., Ltd. transferred the above credit to the Plaintiff. The Plaintiff notified the transfer of credit amount to B under Article 7 of the Asset-Backed Securitization Act.

B. The Plaintiff filed an application with B for a payment order with the Seoul Southern District Court No. 2007 tea9689, and the above court issued an order on May 30, 2007, stating that “B shall pay to the Plaintiff KRW 10,320,932 as well as 17% per annum from October 25, 2003 to June 7, 2007, and 20% per annum from the next day to the day of complete payment.” The above payment order was finalized on June 22, 2007.

C. On February 2, 2011, C, a spouse of the Defendant, died on February 2, 201. On February 2, 2011, D, the deceased’s spouse, and D, a spouse of the deceased, and D, a spouse of the deceased, on February 2, 2011, the Defendant completed the registration of transfer of ownership in the name of the Defendant as to the instant real estate on July 15, 201, with the content that the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”) should be solely owned by the Defendant (hereinafter “instant division agreement”).

B There was no particular active property unless the portion of inheritance (2/7) regarding the real estate of this case was excluded at the time of the split-off consultation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6 through 8 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that B transferred 2/7, a share of inheritance for the instant real estate, to the Defendant through the instant partition consultation constitutes a fraudulent act detrimental to the Plaintiff, who is a general creditor in B, and thus, the instant partition consultation is at KRW 193,700,000 in value of the instant real estate.

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