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(영문) 서울서부지방법원 2015.10.02 2014가단48036
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on September 13, 2013 between the Defendant and C.

Reasons

1. Basic facts

A. On June 15, 2012, the Plaintiff filed a lawsuit for divorce, etc. (hereinafter “instant divorce lawsuit”) against C who was his/her spouse under the Busan Family Court 2012ddan16243 (hereinafter “instant divorce lawsuit”). On September 11, 2013, the Plaintiff and C divorced from the above court on the ground that: (a) the Plaintiff and C are primarily responsible for the failure of marriage; (b) the person with parental authority and the custodian of the child are designated as the Plaintiff; and (c) by June 8, 2028, C shall be paid the child support of KRW 5 million per month; and (d) C shall be paid the Plaintiff as consolation money, KRW 15 million per annum from June 26, 2012 to September 11, 2013 (20% per annum from the following day to September 11, 2013); (c) the division of property; and (d) the child support payment of KRW 25 million per annum and damages for delay.

B. On September 11, 2013, the husband of the defendant (C's father) heard the decision of the first instance court of the divorce lawsuit of this case in the court on September 11, 2013, and immediately returned from Busan to Seoul.

On September 13, 2013, the Defendant entered into a mortgage agreement with C as to the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 13, 2013 (hereinafter “instant collateral agreement”) with a certified judicial scrivener, and the Seoul Western District Court completed the registration of the establishment of the collateral security (hereinafter “instant collateral security registration”) against the obligor and the mortgagee as the Defendant on September 13, 2013 (hereinafter “instant collateral security agreement”).

C. On June 26, 2014, the appellate court of the instant divorce lawsuit (Seoul Family Court 2013Reuu915) rendered a judgment to the effect that the remaining appeals by the appellant (C) are all dismissed, in addition to the alteration of the portion of the claim for division of property to KRW 11 million. On October 15, 2014, the Supreme Court dismissed the appeal (Supreme Court 2014Meu3199) and became final and conclusive on the same day.

On the other hand, C's property status examined during the divorce lawsuit of this case is examined.

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