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(영문) 서울중앙지방법원 2013.09.27 2012가합525883

사해행위취소

Text

1. Nonparty N,O, P, Q against Plaintiff A:

A. As to the claim set forth in paragraph 1 of the attached list between Defendant K, Defendant K.

Reasons

1. Basic facts

A. The relationship 1) R, Plaintiff A, C, D, E, and F are children of S and T; Plaintiff G’s wife, Plaintiff H, J, and Plaintiff I are children of Plaintiff A. N is R’s wife,O, P, and Q. N is “N,” “N, P, and Q” (hereinafter “N,” “N, P, and Q”).

(2) As R died on January 5, 1991, N et al. jointly inherited the rights and obligations of the deceased’s property. As the father of the deceased died on September 28, 1993, N et al. inherited the inheritance portion of R on behalf of the deceased. As R’s mother died on March 1, 2002, N et al. inherited the inheritance portion of R on behalf of R.

B. 1) The deceased R’s inherited property was divided into U.S. 4,433.5 square meters [U.S. 4,387.8 square meters as of September 26, 2003 (hereinafter “the instant real property”) and V large 45.7 square meters;

The combination of each land less divided shall be referred to as “the instant W real estate”

[2] The inheritance registration (N3,416, 16, 329 shares, S6,085/16,329 shares,) was completed in the name of N, etc. upon the death of R. The inheritance registration (N3,416/16, 16, 329 shares,O, P, Q 2,276/16, 329 shares) was completed in the name of N and S co-inheritors (N 239/16, 329 shares, P, P, Q 159/16, 329 shares, and the inheritance registration (N239/16, 329 shares, P, Q 159/16, 329 shares), and the inheritance registration (N239/16, 29 shares) was completed in the name of Jongno-gu, Seoul and 247 square meters on the ground and 2520 square meters on the ground (Seoul building) as the inherited property at the time S died.

3) Following the death of T on March 1, 2002, N et al. (1,074/16,329 x 1/7) inherited (N3/9 shares,O, P, and Q 2/9 shares) by substitute inheritance (N3/9 shares, P, and Q 2/9 shares.

C. Final inheritance tax imposed on N, etc. due to inheritance from R such as inheritance tax is KRW 1,172,787,760, while N, etc., Plaintiff A, and others due to inheritance from S.