beta
(영문) 대전지방법원 2015.07.15 2014가단39784

사해행위취소 등

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report with E on August 12, 199, and had two children under the chain.

B. The Plaintiff filed a lawsuit against the Defendant for divorce, etc. against the Daejeon Family Court No. 2012Dhap2401, and the said court rendered a judgment on August 28, 2013, stating that “The Plaintiff and E shall divorce.” The Plaintiff shall pay the Plaintiff a solatium amounting to KRW 2 million and delay damages, shall be paid a property division amounting to KRW 6 million and delay damages shall be paid as a child support amounting to KRW 60 million until November 24, 2018, and KRW 300,000 per month from the following day until June 30, 2020.” At the time of the said judgment, the said judgment sentenced that “E shall be active property at the time of the judgment, and there was KRW 12161,210,000,000, in total, the sum of the proceeds sold from E’s mother’s housing and the business income of Plaintiff and E.

C. E filed an appeal against the above judgment, and during the appeal proceedings with the Daejeon High Court Decision 2013Reu481, Oct. 7, 2013, E returned KRW 121,621,00 of the deposit for lease of the F apartment from LH on October 7, 2013, and then remitted KRW 30 million to the Defendant B, who is the buyer on October 7, 2013, and who is the mother, KRW 30 million, KRW 30 million, and KRW 22 million to the Defendant D, each.

In the above appellate case, on September 16, 2014, the Plaintiff and E established a mediation that “Plaintiff and E shall divorce. E shall pay to the Plaintiff the consolation money and the division of property, up to December 31, 2014, KRW 40,000,000,000,000 to the Plaintiff as a person in parental authority and custodian of children, designate E as a person in parental authority and custodian of children, bear child support, and the Plaintiff may exercise visitation right twice a month.”

(Plaintiff created claim KRW 40 million against E, and hereinafter “instant claim”). E

E goes back to a foreign country after the above mediation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion E is that claims against the Plaintiff accrue.