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(영문) 서울북부지방법원 2014.08.26 2013가단112606
사해행위취소
Text

1. Of the instant lawsuit, a donation contract concluded between the Defendants on each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C entered into an agreement with the Korea C&T Bank on July 31, 199 and received a loan. On May 13, 2005, the Korea C&T Bank transferred the above loan claims to the Plaintiff, and around that time notified C of the above assignment of claims.

B. Around April 1999, C entered into a credit card use agreement with ELD Card Co., Ltd. and received credit cards. On September 30, 2003, ELD Card Co., Ltd transferred the credit card use price claim to C to the Korea Asset Management Corporation. The Korea Asset Management Corporation transferred the above credit card use price claim to the Plaintiff on May 13, 2005, and notified each of the above assignment claims to C.

C. As of November 20, 2013, the Plaintiff’s claim for acquisition of each of the transferred money claims against C (hereinafter “instant transferred money claim”) is as follows.

Attached Form

D, the owner of each real estate listed in the list (hereinafter “each real estate of this case”), died on November 30, 2009, and at the time there was Defendant A, E, F, and C, the spouse of the deceased D’s heir, who was the Defendant A, E, F, and C.

On August 11, 2010, the above inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that all the remaining inheritors, including C’s 2/11 shares, will vest in Defendant A with respect to each of the instant real property (hereinafter “instant agreement on division of inherited property”). Defendant A completed the registration of transfer of ownership in its name with respect to each of the instant real property upon the agreement on division of inherited property on August 13

E. As to each of the instant real estate, each of the instant mortgages was set up on April 3, 1997, including the maximum debt amount of KRW 26,00,000,000, the debtor D, the mortgagee D, the Korea Housing and Commercial Bank, the Korea Housing and Commercial Bank on May 8, 2001, the maximum debt amount of KRW 22,10,000,000, and the debtor D, and the Korea Housing and Commercial Bank, the mortgagee D, and the mortgagee Co., Ltd., Ltd., on July 19, 201.

thereafter.

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