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(영문) 부산지방법원 2014.07.17 2013가단216163

양수금

Text

1. The Plaintiff:

A. As regards Defendant A’s KRW 49,991,00 and as regards it:

B. Defendant B succeeds from the net F.

Reasons

1. Basic facts

A. On June 9, 2003, the Plaintiff filed a lawsuit against Defendant A and F in Busan District Court 2003Kadan45430, and received a favorable judgment against the Plaintiff on June 9, 2003, stating that “The Defendant A and the above F shall jointly and severally pay to the Plaintiff 49,91,000 won, and 26% per annum from April 13, 1998 to October 18, 1998; 21% per annum from the next day to January 24, 1999; and 20% per annum from the next day to the day of full payment.” The judgment became final and conclusive.

B. The F (hereinafter “the deceased”) died on June 4, 2005, and the wife Defendant B, Nonparty E, and H as his bereaved family members. Defendant B, as the Family Branch of Busan District Court Decision 2005Radan1965, reported the renunciation of inheritance to the same court No. 2005Ra1966, respectively, and accepted the report on August 5, 2005.

C. On August 18, 2005, Defendant B accepted the report of the foregoing inheritance-type approval, and notified the creditors of the reporting period by setting the reporting period to October 20, 2005 in a daily newspaper (international newspaper) in accordance with Article 1032 of the Civil Act. The Plaintiff submitted to Defendant B a claim statement that constitutes the total amount of claims 126,952,486 within the reporting period.

On December 6, 2005, Defendant B completed the registration of ownership transfer on the ground of inheritance on June 4, 2005 with respect to the portion of 496/2962 square meters out of 2962 square meters, which is the active property of the deceased, Busan Shipping Daegu, Busan. The deceased was established on October 19, 196 by the mortgagee of the right to collateral security on the said shares, and later transferred it to J.

The above ownership shares were sold to the non-party M on February 22, 2007 upon the request of J, and the proceeds of sale was distributed to J through the distribution procedure. D.

On the other hand, Defendant C and D filed the instant lawsuit with the above E’s child, and the Busan Family Court reported the renunciation of inheritance to the Deceased under 2014Ra20026, but the said court reported on the renunciation of inheritance to the Deceased, as of May 20, 2014, as of the time of the deceased’s death, E, H and their wife, who are their children.

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