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(영문) 부산고등법원 2020.01.08 2019나54118
사해행위취소
Text

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

The amount of KRW 200,000,000, which was concluded on January 28, 2015 between the Defendant and D.

Reasons

1. Basic facts

A. On July 7, 1971, Plaintiff B married with D on July 7, 1971, and left the Plaintiff A and the Defendant as his children.

B. Plaintiff A’s claim for division of property between Plaintiff A and G was married with G on November 7, 1996, but on September 7, 2009, the agreement was married with G, and the agreement was reached on September 7, 2009. As such, Seoul Gangnam-gu Seoul Metropolitan Government H apartment I’s claim for KRW 710 million (hereinafter “instant lease deposit”).

(C) J apartment and K (hereinafter “instant J apartment”) in Suwon-gu, Busan, which was under the name of the mother-friendlyO of the Gu and G.

(1) The “property division agreement” refers to the “property division agreement” with the content that includes the Plaintiff’s owned by the Plaintiff A.

(2) D) With respect to the deposit for the lease of this case, which was agreed to be reverted to A according to the division of property of this case, D) D, upon the request of the Plaintiff under the division of property of this case, D received on September 18, 2009, KRW 70 million from L, an owner of the above H apartment and the settlor of chonsegwon, KRW 40 million on October 14, 2009, and KRW 240 million on November 23, 2009, respectively, by receiving KRW 710 million on behalf of the Plaintiff, from his own Busan bank account and receiving KRW 710 million on behalf of the Plaintiff, KRW 70 million on the deposit for the lease of this case (B) D, while being kept on behalf of the Plaintiff, received all the deposit for the Plaintiff or the Defendant at the request of the Plaintiff, KRW 690 million on September 18, 200, KRW 9700 on November 23, 200.

3) Plaintiff A and D decided to own the instant J apartment according to the instant division of property agreement, under which Plaintiff A and D decided to register the transfer of ownership in the name D with respect to the instant J apartment. Accordingly, D completed the registration of transfer of ownership in its name with respect to the instant J apartment on July 15, 2009.

B. After that, on May 4, 2012, D leased the instant J apartment to P with KRW 150 million, and on March 18, 2015, D did not obtain the consent of Plaintiff A.

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