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(영문) 창원지방법원 2019.08.22 2018나50038
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Attached real estate in the judgment of the first instance.

Reasons

1. As to the judgment of the first instance that was rendered on November 24, 2017 by the Defendant, the Defendant filed an appeal for subsequent completion on December 27, 2017. According to the records of this case, the court of first instance rendered a judgment citing the Plaintiff’s claim on November 24, 2017 and then rendered a service by public notice to the Defendant by public notice. The Defendant appears to have become aware of the declaration of the judgment of the first instance and the fact of service by public notice only after having received a certified copy of the judgment of the first instance on December 20, 2017. Thus, the instant appeal for subsequent completion filed within two weeks thereafter is lawful.

2. Basic facts

A. The Plaintiff, from around December 2006, was in a de facto marital relationship with C around July 29, 2008. The Plaintiff gave birth to D, a child between C and C immediately after the de facto marital relationship was terminated.

B. While resolving the de facto marital relationship, the Plaintiff and C agreed as follows. In other words, C waives parental authority and custody rights, and the Plaintiff did not claim the child support to C, but the agreement is null and void when one of the parties does so.

C. Around 2015, the Plaintiff filed a claim against C as to D, and C became aware of D on February 3, 2016, and at the time D’s parental authority was determined C.

On February 19, 2016, the Plaintiff filed a petition with the Changwon District Court for a trial against the Jinwon District Court for the change of a person with parental authority and a custodian to the Plaintiff and for the payment of the past and future child support (2016 d's 1009). On October 12, 2016, the said court decided to change a person with parental authority and a custodian of D's 10 million won to the Plaintiff, and that C shall pay 450,000 won (from March 16, 2016 to the day on which D's 's 's 's 's 's 's 's 's 's 's 's ''' becomes adult') at the expense of the past child support and the future child support, but C appealed appealed appealed appealed appealed filed a petition on May 15, 2017 (201) and the Supreme Court on October 31, 2017.

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