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(영문) 서울남부지방법원 2019.05.21 2018가단247931
사해행위취소
Text

1. The sales contract made on May 15, 2018 between Defendant D and Defendant E is revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is the children of the deceased F (hereinafter “the deceased”), Defendant C is the Plaintiff’s husband’s wife, Defendant D is the liveer of Defendant C, and Defendant E is the father of Defendant C.

B. After the Deceased died on October 6, 2014, the Defendant C requested the Seoul Family Court 2016 Hu10244 against the Plaintiff, who is a minor, to appoint the guardian of the minor, and on March 28, 2017, the Defendant C was appointed as the guardian of the Plaintiff.

C. On September 28, 2012, the Deceased concluded two insurance contracts with G Co., Ltd. (hereinafter “G”) around September 2012 with its contractor and beneficiary as the Plaintiff, and upon the death of the Deceased, G was obligated to pay insurance proceeds of KRW 140,601,982 out of KRW 250,000,000 claimed by the Plaintiff and paid KRW 90,000 among them to the Plaintiff. On September 28, 2017, the Deceased filed a lawsuit for the confirmation of the existence of the obligation against the Plaintiff as Seoul Southern District Court 2017Ka24609.

On June 9, 2017, Defendant D filed an application for payment order against the Plaintiff, the heir, claiming that Defendant D had a claim of KRW 190,000,000 against the Deceased as Seoul Southern District Court Decision 201Hu4263, Jun. 9, 2017, and the Plaintiff’s guardian C did not object to the decision of payment order dated August 28, 2017 (hereinafter “instant payment order”).

E. On November 7, 2017, Defendant C filed with the Seoul Family Court a claim with the Seoul Family Court to permit the repayment of KRW 90 million out of Defendant D’s claims to the effect that the Plaintiff would pay KRW 90 million of the insurance proceeds that the Plaintiff received. On November 15, 2017, Defendant C filed a claim with the Seoul Family Court for permission for an excess of the authority to permit the repayment of Defendant D’s claims with the insurance proceeds of KRW 90 million and the remainder of the insurance proceeds, but the Seoul Family Court dismissed all the above claims on November 23, 2017.

F. On November 21, 2017, the Seoul Family Court commenced an ex officio change of the guardian of a minor, and simultaneously suspended the performance of duties of the Plaintiff’s guardian and appointed B as the acting representative.

B on December 5, 2017

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