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(영문) 서울서부지방법원 2019.01.18 2018가단207178
사해행위취소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. As indicated in the grounds of claim in the attached Form of the attached Form of the facts of the foundation, the Geumcheon Tax Office and Mapo Tax Office, which belongs to the Plaintiff, renounced Co., Ltd., imposed an additional tax for the year 201 through 2016, and imposed global income tax for the year 201 through 2016, and as of February 20, 2018, the amount in arrears is KRW 540,939,410 as of February 20, 2018, and the above C is a company substantially operated by the husband of the Defendant who is the father of the said company, and B is an oligopolistic shareholder of the said company, and as of October 11, 2016, as the death of the Defendant and his father of the said company, the two-thirds and the remaining inheritors other than the Defendant renounced share in inheritance and agreed on the division of inherited property to be solely inherited to the Defendant, and there is no dispute between the parties to the above division.

2. According to the above facts of recognition, the Plaintiff asserts that the division agreement to waive B/9 shares in the instant real estate against the Defendant constitutes a fraudulent act, and that the Defendant’s bad faith is presumed, so the Defendant should compensate for the equivalent value.

In regard to this, the defendant asserts that the above husband Eul made B as the representative director and actually operated B, and that the defendant was the representative director of the above company, and that the defendant was not aware of the fact that B was the representative director of the above company, and that he was paid the price for the shares of inheritance B 2/9, and that he was bona fide.

3. Determination

A. According to Gap evidence Nos. 2 through 4, Eul evidence Nos. 1 through 3, and the purport of the entire pleadings, the defendant, as South-North Korea, will pay 100 million won to the F and B for each inheritance share of 2/9 in order to support Eul after D's death.

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