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1. The plaintiff's appeal and the plaintiff's exchange at the trial as to the claim that had been changed around the trial.
Reasons
1. Facts of recognition;
A. On March 26, 1996, the Plaintiff and C filed a lawsuit against the Plaintiff on June 27, 201, including divorce and divorce seeking the amount of KRW 10,000,000,000 from the Busan Family Court to the Busan Family Court 2011ddan16703. Accordingly, on July 18, 2013, the Plaintiff filed a lawsuit against the Defendant, who is a partner of C and C, to seek the payment of KRW 66,151,432 and KRW 20 million from the Busan Family Court (hereinafter “related divorce lawsuit”).
B. C initially changed the policy holder of each of the instant insurance policies that he/she was the policyholder into the Defendant on October 27, 201, and on June 16, 201, the No. 2 or No. 4 insurance policies on October 27, 201, respectively.
(hereinafter “Change of policyholder of this case”). C.
The above court rendered a judgment on January 28, 2014 that "the principal lawsuit and counterclaim are brought by the plaintiff; the plaintiff and C are divorced; the plaintiff and C pay to the plaintiff the amount calculated at the rate of 5% per annum from the day after the judgment became final and conclusive to the day of full payment; and both the plaintiff C and the defendant are dismissed." The above judgment became final and conclusive.
[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1-1-5, the purport of the whole pleadings]
2. The plaintiff's assertion
A. The primary claim C, prior to the divorce with the Plaintiff, in collusion with the Defendant for the purpose of evading the claim for division of property against the Plaintiff, constitutes a fraudulent act, and thus, constitutes a fraudulent act.
Therefore, the above change of the policyholder should be revoked within the scope of KRW 12 million, which is the amount of the Plaintiff’s property division claim against C, and the Defendant shall reinstate the Plaintiff to its original state with the amount of KRW 12 million and this.