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(영문) 서울중앙지방법원 2021.01.27 2019가단5239912

사해행위취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a creditor against C (the claim against the payment order issued by the Seoul Central District Court No. 2015th 253: KRW 520,400,131 and KRW 479,311,816 among them: the amount calculated by the rate of 23% per annum from July 21, 2000 to the date of full payment). (b) C is a child of the deceased D (Death on April 29, 2019; hereinafter “the Deceased”).

At the time of death, the deceased had inherited property, including F apartment G (hereinafter referred to as “instant apartment”) in Gangnam-gu Seoul at the time of death.

(c)

C After the death of the deceased, as Seoul Family Court 2019 was 3854, the report was accepted on July 29, 2019 by reporting the renunciation of inheritance to renounce the inheritance of the deceased’s property.

(d)

The defendant (the mother of the deceased's spouse's interest C), H (the deceased's children), and I (the deceased's children) on August 7, 2019 as the remaining inheritor of the deceased completed the registration of transfer of ownership on April 29, 2019 for inheritance by division of consultation (the defendant's share: 5/9, H, I: 2/9, respectively) / [the ground for recognition] of absence of any dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. The Plaintiff’s assertion C was a divided consultation with the Defendant on the inheritance share 2/9 of the instant apartment in excess of debt, and thus, the agreement on the division of the inherited property should be revoked by the act of deception. Since it is difficult for the Defendant to return the original property as it was disposed of after the apartment house of this case, it is difficult to return the said 2/9 portion to its original state. The Plaintiff filed a partial claim against KRW 150,00,000,000, which is a part of the value of the object at the time of the act.

3. The waiver of the relevant legal doctrine is retroactively effective at the time of the commencement of the inheritance (Article 1042 of the Civil Act), and the waiver is deemed to have never been an inheritor.

Therefore, the report of renunciation of inheritance has been made and supported.

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