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(영문) 서울고등법원 2017.09.01 2016나2008747
사해행위취소등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 170,000,000 and KRW 110,00,000 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff set a maturity of KRW 1.5% on October 22, 2009, KRW 20 million on September 21, 2009, KRW 20 million on September 21, 2009, and KRW 1.5% on January 13, 2009, KRW 20 million on October 13, 2010, KRW 200,000 on January 13, 2010, KRW 201.5% on January 25, 201, and KRW 200,000 on December 15, 200, KRW 201.7% on January 13, 201, and KRW 200,000 on May 25, 201, respectively, and determined a maturity of KRW 200,000 on March 25, 200, KRW 201 on May 31, 2015.

(hereinafter “instant loan”). (b)

C’s death and on the other hand, C died on September 24, 2014 (hereinafter “the deceased”), and D and E, the spouse of C, as the inheritor of the deceased.

C. On December 19, 2014, the Defendant reported the qualified acceptance of the deceased C’s property inheritance as the Seoul Family Court 2014-Ma12019, and received the adjudication on April 28, 2015. The list of the inherited property indicated as follows: “There is no positive property, and a small property exists only the obligation of the deceased’s loan to the Plaintiff.”

(2) On December 19, 2014, E and D filed a report on the renunciation of inheritance in respect of the deceased C’s inheritance with the Seoul Family Court 2014-Ma12020, and received a judgment accepting the said report on April 28, 2015.

(3) On May 8, 2015, the Defendant filed an application with the Seoul Family Court for adjudication and correction to add the real estate listed in the separate sheet Nos. 7 and 8 (hereinafter “instant omitted real estate”) to inherited property. On May 12, 2015, the Seoul Family Court (Seoul Family Court 2015 businessz624) rendered a decision to revise adjudication and correction to add the instant omitted real estate to positive property among inherited property.

(4) E’s children F, G.

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