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(영문) 수원지방법원 2017.02.16 2016가단503042
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) Hyundai Card Co., Ltd. issued B a credit card to B, and B did not pay the price. 2) Hyundai Card Co., Ltd. on June 30, 2003, the Hyundai Card Co., Ltd. transferred all of the claims against B to the Plaintiff on July 1, 201, and the notice of each transfer was completed.

3) On December 31, 2014, the Plaintiff applied for a payment order against B, and received a payment order with the purport that “B shall pay to the Plaintiff KRW 22,597,974, and KRW 5,79,134 from the day following the service of the payment order to the day of full payment.” The said payment order was served to B on December 31, 2014, and became final and conclusive on January 15, 2015. B’s mother C (hereinafter “the “the deceased”) of B’s mother of the instant real estate owned the instant real estate, but died on May 6, 2015.

2) D, E, B, Defendant, and F, the co-inheritors of the Deceased, are the agreement on the division of inherited property that the Defendant independently decides to inherit the instant real property (hereinafter “instant agreement on division of inherited property”).

The Defendant completed the registration of ownership transfer on October 23, 2013 on the instant real estate on May 6, 2015, based on the consultation on the division of inherited property (an inheritance through a consultation on division) on May 6, 2015. Meanwhile, at the time of the death of the Deceased, the right to collateral security was set at KRW 36 million (No. 2 of the maximum debt amount) and KRW 72 million (No. 7 of the Gu), and KRW 32 million (No. 11 of the Gu) on the instant real estate.

C. At the time of the instant split-off consultation, B’s property status was liable for debt to a number of financial institutions including the Plaintiff at the time of the instant split-off consultation, as well as the amount equivalent to approximately KRW 4,1930,000, national tax.

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