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(영문) 서울중앙지방법원 2016.08.24 2015나43560

사해행위취소

Text

1. The judgment of the court of first instance is modified as follows.

On May 9, 2013, between the defendant and B, the real estate listed in the separate sheet is included.

Reasons

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, except for the case mentioned in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On July 4, 2007, the second part of the judgment of the court of first instance, " until July 4, 2007" in the second part of the judgment of the court of second instance, is dismissed as "by July 14, 2007."

B. On the 2nd page of the first instance judgment, “20%” in the 10th sentence is regarded as “20%”.

C. On the third page of the judgment of the first instance, the phrase “assumed...............” is understood as “assumed..”

Part 4 of the judgment of the first instance court, the "consultation division of this case" from Part 6 and Part 9 to 10 shall be deemed as the "division agreement of this case".

E. On the 4th page of the first instance judgment, the term “agravating death” in the first instance judgment shall be deemed to read “agravating facts”.

F. From Nos. 4 to 5 of the judgment of the court of first instance, 13 to 1 of the judgment of the court of first instance shall be followed as follows.

“(3) Of the co-inheritors’s calculation of a specific share of inheritance, a person who received a donation or testamentary gift of an inheritee’s property from the inheritee has the share of inheritance only to the extent that the given property falls short of his/her own share of inheritance (Article 1008 of the Civil Act). In cases where there is a special beneficiary among co-inheritors, in consideration of such special benefits, a specific share of inheritance shall be calculated by modifying the given statutory share of inheritance for each inheritor. In calculating such specific share of inheritance, the method of calculating the amount of the donation by adding the value of the pre-paid donation to the value of the property held at the time of the commencement of the inheritance, which shall be determined by the method of calculating the value of the donation or testamentary gift, which is the property of the special beneficiary, from the value calculated by multiplying the value of the inherited property by the statutory share of inheritance for each co-inheritors, and the “value

Supreme Court Decision 199 delivered on March 10, 1995