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(영문) 의정부지방법원고양지원 2015.09.10 2014가합864
사해행위취소
Text

1. Of the instant lawsuit, the part concerning the claim for the revocation of the designated party C’s fraudulent act is dismissed.

2. The plaintiff (appointed party) and the selected party.

Reasons

1. Presumption

A. Status 1) G, H, I, J, and K (hereinafter referred to as “five persons, including G,”) together with those persons:

(1) The Defendant is the Plaintiff (Appointed Party) and M, N (Death on October 25, 1998), and O’s children. The Plaintiff (Appointed Party) (hereinafter “Plaintiff”).

) and Selections D, E, and F (hereinafter referred to as “fours including the Plaintiff”)

) N’s children are N’s wife. 2)O died on March 18, 2007, and accordingly four persons, including G, etc., 5, M, the Defendant, 1/8 shares, and the Plaintiff, respectively, jointly inherited the O’s property at the ratio of 1/32 shares.

B. 1) 5, G, etc. and 4, including the Plaintiff (Law Firm P, etc., hereinafter “Law Firm P”) filed a lawsuit against the Defendant around February 2008 (Seoul Western District Court 2008Gahap2135, Seoul Western District Court 2008) (hereinafter “instant case”).

() On August 26, 2010, the Defendant completed the procedure for ownership transfer registration on the ground of “the return of legal reserve of August 27, 2009” with respect to the corresponding portion in the instant land to five including G, etc. and four including the Plaintiff. The Defendant was sentenced to G to the effect that “3,169,33 won, 35,200,108 won, 39,261,659 won, 34,523,183 won, and 33,846,258 won, 4,061, 51 won, 10,830,802 won, and damages for delay on each portion of the instant land to G, etc.” The Defendant was determined to the effect that “the Plaintiff et al. paid KRW 2500,000,000,000 to the Plaintiff et al. and KRW 2501,515,200,000.”

A) Around that time, the Defendant was paid a total of KRW 1.5 billion from the Defendant. C. Claim 1 against the Appointed, H, I, and J by the Appointed, G, etc. in the case of Law Firm P1.

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