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(영문) 전주지방법원남원지원 2019.08.14 2018가단12095
사해행위취소
Text

1. It is concluded on July 19, 201 between the Defendant and C as to each of the 1/5 shares of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. C entered into a credit card use agreement with D Co., Ltd. (hereinafter “D”) and used the credit card, and D did not pay the credit card price equivalent to KRW 9,922,103 as of November 20, 2004.

B. D on December 21, 2004, transferred the credit card price claim (hereinafter “instant credit card price claim”) to E Co., Ltd. (hereinafter “E”), and notified C of the fact.

C. E claimed payment of the credit card payment to Jeonju District Court 2009 Ghana5358.

On May 6, 2010, the above court rendered a judgment that "C shall pay to E 23,486,020 won and 9,922,103 won with interest rate of 20% per annum from March 28, 2010 to the date of full payment," and the judgment became final and conclusive on May 27, 2010.

E on June 15, 2011, transferred the instant credit card payment claim to the Plaintiff, and notified C of the fact.

E. The Defendant’s mother died on July 19, 2017, and the deceased’s heir is G, H, C, I, and Defendant, the deceased’s child.

F. On July 19, 2017, the Defendant completed the registration of ownership transfer as the receipt No. 1693 on January 29, 2018, with respect to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

[Reasons for Recognition] Unsatisfy, entry of Gap 2-10 evidence, the purport of the whole pleadings

2. Assertion and determination

A. 1) The fact that the Plaintiff acquired the instant credit card payment claim from E who acquired the instant credit card payment claim from D, thereby holding the instant credit card payment claim against C is as seen earlier. The instant credit card payment claim is arising before July 19, 2017, which is the date of the agreement on the division of inherited property between the Defendant and C, and may become the preserved claim of the obligee’s right of revocation. 2) Summary of the parties’ assertion (1.

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