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(영문) 서울중앙지방법원 2016.04.14 2014가단5355994

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the respective entries in Gap evidence 1, 2, 3, 8 (including paper numbers), Eul evidence 1, 2, 5, 7, 9 (including paper numbers) and all the arguments.

Defendant and C were married on May 21, 2003, but they were divorced by the Seoul Family Court Decision 2014Dhap130 on June 25, 2014, which became final and conclusive on May 16, 2014.

B. On November 201, 201, the Plaintiff began to meet C, and at the time, C introduced C as the Plaintiff’s unmarried person and the intention of sexual surgery.

C. Around May 2012, the Plaintiff was a person operating a restaurant rather than a sexual outdoor doctor, and was aware of the fact that he/she had two children by marriage with the Defendant, not an unmarried person. However, the Plaintiff was virtually divorced from the Plaintiff, but did not adjust the relationship with C due to C’s vindication, petation against C, and ties.

On December 3, 2013, the Plaintiff made a statement to the effect that the Plaintiff was pregnant with C’s child while in currency with the Defendant, but did not bring about the Plaintiff’s loss.

E. The Seoul Family Court filed a lawsuit against C and the Plaintiff seeking a divorce, compensation for damages, etc. under 2014Dhap130. In the above case, the Defendant and C have acknowledged that, in addition to the above money, “the Defendant and C have been divorced, and C have paid KRW 50,00,00 to the Defendant, and the Defendant and C have paid KRW 50,00 to the Defendant. In addition to the above money, the positive and negative property of the Defendant and C shall be attributed to each other in their names, and the Defendant and C shall not have made any monetary claim, such as consolation money and division of property, against the other party in relation to divorce.” On June 25, 2014, a settlement recommendation decision became final and conclusive on August 28, 2014, and between the Defendant and the Plaintiff, on August 28, 2014, the Defendant had suffered mental suffering due to an unlawful act of the Plaintiff and the Plaintiff. However, the Defendant has also concluded an inappropriate relationship with any other woman