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(영문) 서울고등법원 2018.10.11 2018나8776
사해행위취소등
Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

Defendants and D.

Reasons

Basic Facts

D’s illegal acts, etc. around June 1, 2013, sold 200 square meters out of the land located in Incheon Strengthening Gun F to E for KRW 130,00,000, and agreed to cancel the right to collateral security established on the land prior to the payment date of the remainder.

D, while receiving the down payment and the intermediate payment, E filed a lawsuit against D to seek the return of down payment and the intermediate payment and the payment of KRW 10,000,000,000,000 against D, under the Incheon District Court 2013Kahap19492, and the above court established a mediation that “D shall pay to E 112,00,000,000 won by July 15, 2014, and if D fails to pay the above amount by the above date, it shall pay the unpaid amount plus 20% interest per annum from the day following the due date to the day of full payment.”

D은 위 의무를 면하기 위해 E을 살해하기로 마음먹고, 2014. 7. 30.경 E에게 전화를 하여 근저당권 설정 문제 등의 논의를 위해 다음 날 자신의 주거지를 방문해 달라고 한 후, 2014. 7. 31. 11:30경 D의 집을 찾아 온 E의 뒷머리 부분을 불상의 도구로 강타한 후 끝이 뾰족한 도구를 이용하여 내리찍어 외상성 두부 손상으로 인하여 E을 사망하게 하였다.

D on the same day, 1 km away from her dwelling place and 1 km away from her dwelling place, and her body was sold and then abandoned with soil.

G, a spouse of E, filed a declaration of renunciation of inheritance with the Incheon District Court 2014Ra2507 on August 22, 2014, and on September 25, 2014, the said declaration was accepted.

At the time of the death of E, father of E was dead, and there was no child between E and G.

The plaintiff is the mother of E.

The Plaintiff filed a lawsuit against D for damages due to a tort that murdered E by the Incheon District Court 2015Gahap51988, and the above court rendered September 16, 2015 that D shall pay to the Plaintiff KRW 480,000,000 until November 30, 2015.

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