사해행위취소 및 원상회복청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. At around 22:30 on March 11, 2017, E: (a) caused F, his/her spouse (hereinafter “the deceased”), to drink a mixture of psychotropic drugs, and (b) around 23:50 on the same day, he/she killed the deceased by inserting a becar loan, which is a psychotropic substance, by injecting the Deceased to the end of his/her mouth, and then causing the Deceased to die due to the heart suspension at around 01:48 on March 12, 2017.
B. The plaintiffs are siblings of the deceased, and there is no child to the deceased.
C. From April 8, 2017 to May 2, 2017, the Defendant withdrawn KRW 137,657,000 (i.e., KRW 110,087,00 that was withdrawn from one bank account) from one bank and enterprise bank account in total on 25 occasions, as shown in the attached Table, as between April 8, 2017 and May 2, 2017.
(hereinafter referred to as "each of the instant withdrawals" in total of the Defendant's aforementioned withdrawals. / [Grounds for recognition] / s without dispute; entries in Gap evidence Nos. 1, 2, 4, 5, 6, 8, 9, 10, 12 (including serial numbers; hereinafter the same shall apply); the results of this court's order to submit each financial transaction information to one bank and one bank; the purport of the entire pleadings;
2. The assertion and judgment
A. The plaintiffs' arguments are the legal inheritor of the deceased, who has the right to claim recovery of inheritance and the right to claim compensation for damages against E. Each of the instant withdrawal acts constitutes a fraudulent act detrimental to the obligees of the deceased as they donated their money to the defendant by E in excess of their debts.
Therefore, each gift contract should be revoked, and the defendant should return the amount of money donated from E to the plaintiffs due to restitution.
B. In cases where a creditor seeking revocation of a fraudulent act asserts that an act of payment of money to the beneficiary of the debtor is a donation to the beneficiary of the debtor, it shall be proved that the said act of payment of money constitutes a gift to be recognized as a fraudulent act, and Supreme Court Decision 2007 May 31, 2007.