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(영문) 수원지방법원 2015.09.08 2015가단118973
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B died on May 7, 2012, and the Defendant, C, and D was subject to a trial of limited recognition inherited by Suwon District Court Decision 2012Ra1216 on July 25, 2012.

B. The Plaintiff was liable to the Plaintiff for reimbursement of KRW 86,618,418 and damages for delay, and the Plaintiff’s heir, C, E, and D’s claim as the cause of the Plaintiff’s claim that the Defendant, C, E, and D succeeded to the above amount of reimbursement, and the Plaintiff filed a lawsuit claiming reimbursement against the above heir, including the Defendant, Seoul Central District Court 2012Da512612, Jan. 24, 2013, within the scope of the property inherited from the deceased B.

A. As to the Defendant’s KRW 28,663,824 and KRW 28,155,422 among them:

B. C, E, and D were sentenced to the judgment that each of the above 19,109,216 won and 18,770,281 won is paid with 15% interest per annum from April 13, 2012 to December 20, 2012, and 20% interest per annum from the next day to the date of full payment. The above judgment became final and conclusive.

C. On August 19, 2012, the Defendant purchased the real estate recorded in the separate sheet (hereinafter in this case’s apartment) and completed the registration of ownership transfer on November 2, 2012, the registration of establishment of the instant apartment was completed on February 24, 2014, the maximum debt amount of KRW 132,000,000 for the instant apartment, the debtor, the Defendant, and one bank for the mortgagee Co., Ltd.

Grounds for Recognition: Each entry of Gap evidence 1, 3, 5, 6, and Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's judgment as to the assertion of the plaintiff were donated the purchase price of the apartment of this case to the defendant before the plaintiff's death. At the time, Eul donated the purchase price of the apartment of this case to the defendant before his death.

Since the Defendant donated the above purchase price to the Defendant as an intention to prejudice the claim for reimbursement or the claim for reimbursement in the case described in the paragraph, it is presumed that the Defendant, the wife of B, would be presumed to have expressed his will. Therefore, the above donation contract shall be revoked as the instant lawsuit within the scope of KRW 121,148,840, and the Defendant shall pay the above amount and this objection

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