logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.29 2018가단18137
사해행위취소 청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-inheritors of the deceased H (hereinafter “the deceased”), and the Defendant is I and G children.

1. For the plaintiffs:

(a) Defendant G shall pay 29,866,00 won each of them and 5% interest per annum from December 11, 2015 to September 27, 2017, and 15% interest per annum from the next day to the day of full payment;

B. Defendant J and F jointly with each of the Defendant G.

Of the money stated in this paragraph, 8,533,142 won and the amount with 5% interest per annum from December 11, 2015 to September 27, 2017, and 15% interest per annum from the next day to the day of full payment.

2. The Defendants shall pay to the Plaintiffs the amount of money indicated in the “number of amounts returned per capita” in the attached Table 2 attached hereto, and each of them shall be 5% per annum from December 11, 2015 to September 27, 2017, and 15% per annum from the next day to the date of full payment.

[2] The details of calculation of the amount of unjust enrichment equivalent to the inheritance tax, attached Form 2, the inheritance tax (A xB xC) the Defendants’ portion of inheritance tax (C) the Defendants’ portion of inheritance tax (A xB xC) for which payment is exempted by the Defendants, G 23,09,400 won per capita of the Plaintiffs (1/63/71,649,957 won 329,91 J 2/71,709,971 won 219,94 won 2/71,09,094 won 2/19,994 won 2/71,09,999,971 won 219,94 won

B. The Deceased filed a lawsuit against I and G claiming unjust enrichment (Seoul Central District Court 2015Gahap576301) by asserting that he/she embezzled the deposits of the Deceased. During the said lawsuit, the Deceased and I died, and the Plaintiffs, the Defendant, and the J transferred I respectively, while the said court rendered a judgment on September 27, 2017 (hereinafter “instant judgment”).

C. On October 17, 2017, Defendant and J repaid each of the obligations under the instant judgment to the Plaintiffs KRW 9,612,860, respectively, and on March 12, 2018, the Plaintiffs’ claim for the judgment against G remains in KRW 14,824,876, respectively.

On the other hand, the defendant is in Seocho-gu Seoul Metropolitan Government Ground Housing Mho (hereinafter "the instant house") owned by K.

arrow