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(영문) 서울동부지방법원 2020.07.17 2017가합112063
사해행위취소
Text

1. The Plaintiff, Defendant B, and Defendant D, from March 28, 2017, with respect to KRW 285,714,285 and each of the said money.

Reasons

1. Basic facts

A. The relationship between the parties 1) E and the network F (hereinafter “the deceased”), and the Defendant C are siblingss. 2) The Deceased died on December 24, 2014, and there is G and Defendant D, a spouse, as the inheritor of the Deceased.

B. 1) E and the Deceased jointly owned 1/2 shares of the Ha, J, K, L-M, O-Pho, O-Pho on January 15, 2014, among the instant aggregate buildings (hereinafter “instant building”) in Yangju-si, T, Q, and R, and H were merged into 1/2 shares of the 1/2 shares, and G leased 20 percent (hereinafter “each of the instant real estates”) from E and the Deceased to the Plaintiff during the 12-month period from December 12, 2011, G leased 1/2 of the instant real estate to 20 percent (hereinafter “the instant store”). G leased the instant 1/10 of the Plaintiff and the Plaintiff’s 2-month period from December 12, 2011 to 10 of the instant store.

Agreements

3. G shall, upon receiving one billion won from the Plaintiff, set up a collateral to secure the said sub-lease deposit with respect to each of the instant real property, and G shall set up a collateral in the name of E and the deceased, with respect to the relationship between the said real property and the owner of the said real property.

4. G, E, and the Deceased shall immediately pay one billion won of the sublease deposit to the Plaintiff when the sublease relationship is terminated due to the expiration of the sublease period, early termination, etc., and if not immediately returned, the interest in arrears of 6% per annum from the end of the sublease shall be paid to the Plaintiff.

(B)

5. G, E, and the Deceased shall be jointly and severally liable to pay one billion won of the sublease deposit to the Plaintiff upon completion of the sublease relationship, and E and the Deceased.

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