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(영문) 서울중앙지방법원 2015.12.24 2014가합51416
사해행위취소등
Text

1. The defendant shall not exceed 170,000,000 won within the scope of the property inherited from the deceased C, and 110,000 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) set the maturity of KRW 1.5% on October 2, 2009 and KRW 1.5% on interest; (b) set the maturity of KRW 20 million on September 21, 2009 as KRW 1.5% on December 21, 2009 and KRW 1.5% on interest; (c) set the maturity of KRW 20 million on October 13, 2010 as KRW 3.13% on January 13, 2010; and (d) set the period of repayment of KRW 200 million as KRW 20,000 on December 15, 2009, KRW 201.1.5% on January 13, 2010; and (v) set the period of repayment of KRW 200,000 on March 25, 201; and (v) set the period of repayment of KRW 200,000 on January 31, 2015.

B. Meanwhile, C died on September 24, 2014, and C’s heir of the deceased C had D and E, the spouse of the Defendant and his/her child.

C. However, on December 19, 2014, the Defendant reported the qualified acceptance of the deceased C’s inheritance by the Seoul Family Court 2014-Ma12019, and was adjudicated on April 28, 2015. On December 19, 2014, E, and D reported the renunciation of inheritance regarding the deceased C’s inheritance, and received the said declaration on April 28, 2015.

In addition, on July 24, 2015, F, G, and D’s children, H, and I reported the renunciation of inheritance of the deceased C’s property inheritance by the Seoul Family Court Decision 2015Ra6929, Seoul Family Court on November 5, 2015, which received the said report on November 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 8, Eul evidence Nos. 1, 2, and 3 (including each number), a significant fact in this court, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant who becomes the sole heir of the deceased C is obligated to pay the Plaintiff a total of KRW 170 million and delay damages therefor within the scope of the property inherited from the deceased C.

As to this, the plaintiff is attached to the deceased C before his birth.

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