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(영문) 서울중앙지방법원 2020.04.24 2019가단45853
사해행위취소 청구의 소
Text

1. It was concluded on November 7, 2018 with respect to shares of 2/13 among each real estate listed in the separate sheet between the defendant and D.

Reasons

1. Facts of recognition;

A. D has entered into a credit card membership agreement with the Plaintiff on October 7, 1999 and had been engaged in transactions with a credit card.

B. Since January 10, 2019, D delayed payment of card price, etc., and the Plaintiff applied for payment order against D as Seoul Central District Court 2019 tea183249, October 19, 2018, and received the payment order from D to the Plaintiff at the rate of KRW 3,262,152 (i.e., claim amount of KRW 3,204,452) and KRW 965,90,00 per annum from March 14, 2019 to the date of full payment, and KRW 14.9% per annum from March 14, 2019 to the date of full payment of KRW 29,801 among them, to the date of full payment of KRW 14.9% per annum from March 14, 2019 to the date of full payment, and KRW 2,10,000,00 per annum from March 19, 2014.

The above payment order was finalized on April 27, 2019.

C. D’s mother E (hereinafter “the deceased”) died on November 7, 2018, and at the time there were husband F (the husband’s share in inheritance: 3/13), G (the shares in inheritance: 2/13), Defendant (the shares in inheritance: 2/13), H (the shares in inheritance: 2/13), H (the shares in inheritance: 2/13), I (the shares in inheritance: 2/13), and D (the shares in inheritance: 2/13), and 2/13).

F, G, Defendant, H, I, and D agreed on the division of inherited property (hereinafter “instant division agreement”) to the effect that the Defendant independently succeeds to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased, and on June 24, 2019, the transfer registration of ownership in the name of Defendant was completed under the former District Court No. 4098 as to each of the instant real estate on June 24, 2019 by the former District Court No. 4098.

E. At the time of the instant partition consultation, D did not have any particular positive property other than the above inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, results of the submission of taxation information by non-military authorities of this court, and the purport of the whole pleadings

2. Determination

A. The above claim against D with respect to the existence of the preserved claim is prior to the instant partition agreement.

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