(영문) 춘천지방법원원주지원 2017.08.09 2016가단36873

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(영문) 춘천지방법원원주지원 2017.08.09 2016가단36873

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff applied for the payment order against C with the original Chuncheon District Court 2013 tea1023, and the Plaintiff received the payment order (hereinafter “instant payment order”) stating that “C shall pay to the Plaintiff KRW 350 million and interest rate of KRW 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment.” The instant payment order was finalized on June 27, 2013.

B. The Plaintiff filed a lawsuit against C with the Chuncheon District Court 2012Ga12941, Chuncheon District Court 2012 against D, and between the Plaintiff and D in the said lawsuit, the conciliation was established between the Plaintiff and D, stating that “D shall pay KRW 100 million to the Plaintiff, but KRW 50 million to the Plaintiff until October 31, 2016, and the remainder of KRW 50 million shall be paid at the end of one year from the date of death of the Defendant who is the mother of D. Where the Plaintiff claims payment of money against C, the Plaintiff shall only claim the remainder except the above KRW 100 million (hereinafter “instant conciliation”).

C. E (hereinafter “the deceased”) owns real estate listed in the separate sheet (hereinafter “the instant real estate”) and died on May 18, 2013. At the time of death, the heir was D, C, and F, the wife, and his/her children.

Defendant, D, C, and F agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) to be owned by the Defendant solely, and completed the registration of ownership transfer in the name of the Defendant for this reason.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 evidence 1, 2, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C is in excess of the obligation by transferring his/her share of inheritance concerning the instant real estate, the sole property following the agreement on the division of inherited property of this case, to the Defendant without compensation.

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