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(영문) 전주지방법원 2017.06.13 2015가단36374
사해행위취소 등
Text

1. As to shares 2/15 of the real estate listed in the annex:

A. On April 20, 2017 between Nonparty G and Defendant F.

Reasons

1. Facts of recognition;

A. Defendant F entered into a membership agreement with the Plaintiff and used a credit card. From October 5, 2009, Defendant F delayed payment of the credit card price. The Plaintiff filed an application against Defendant F for a payment order seeking payment of the credit card price under Cheongju District Court Decision 2010 tea 1107.

B. On October 27, 2010, the above court ordered the Plaintiff to pay the amount of KRW 21,788,842 as well as KRW 17,602,340 as annual interest rate of KRW 29.9% from October 22, 2010 to the date of full payment, which became final and conclusive on November 17, 2010.

C. Even thereafter, Defendant F did not repay the above obligation, and Defendant F’s credit card payment obligation remains as of February 20, 2017, amounting to KRW 17,602,340, interest and delay damages totaling KRW 33,114,99, KRW 50,717,339.

On May 23, 2013, Nonparty H, the father of Defendant F, died on May 23, 2013, and accordingly, Nonparty G, the spouse of H, jointly inherited the shares of Nonparty G 3/15, and the Defendants, the children, jointly inherited the shares of 2/15.

E. On July 4, 2013, the deceased G and the co-inheritors, including Defendant F, agreed on the division of inherited property with the content that the real estate indicated in the [Attachment] owned by H (hereinafter “instant real estate”) will be owned independently by the deceased G, the spouse of H, and accordingly, the deceased G completed the registration of ownership transfer on July 5, 2013 as the receipt of an all-round indictment of the Jeonju District Court on the instant real estate as of July 5, 2013.

F. At the time of the above consultation on the division of inherited property, Defendant F did not have any active property other than the inheritance shares of the instant real estate.

G. The deceased G died on December 31, 2015, and accordingly, the Defendants jointly inherited the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, and 8, the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the existence of the preserved claim, the plaintiff did this.

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