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(영문) 서울고등법원 2016.09.29 2016나2008525
사해행위취소
Text

1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. Basic facts

A. (1) The Plaintiff and H maintained a friendly relationship as a relative for a period of 20 years up to the date, and H assumed a large amount of monetary liability against the Plaintiff on June 19, 2009. (2) On June 13, 2007, the Plaintiff and H died on June 13, 2007.

(hereinafter referred to as “the deceased”) was married with each other, and the Defendants are children of E and the deceased.

B. The Plaintiff’s promissory note claim 1) H, E, and I (hereinafter “H, etc.”)

(2) On June 19, 2009, the Plaintiff is entitled to KRW 450 million in face value, KRW 450 million in face value, July 10, 2009, and KRW 1,000 in the place of payment and place of payment, respectively (hereinafter “the Promissory Notes in this case”). The Promissory Notes in this case shall be subject to the obligation of the Promissory Notes in this case.

B) At the time of issuance and delivery of the Promissory Notes, the notary public, one of the law firms, prepared a notarial deed of promissory Notes No. 3663, 2009.2) E, prior to the issuance of the Promissory Notes, verified E’s self-sufficiency by presenting the copy of the register of the instant apartment and the details of the payment of the property tax in 2008.

3 H et al., even after July 10, 209, the due date for the payment of the Promissory Notes of this case, did not perform the obligations of the Promissory Notes of this case to the Plaintiff, and thereafter, H et al., with the consent of E and I on January 5, 2010, written a letter with the purport that H et al. will perform all the obligations of the Promissory Notes of this case to the Plaintiff by January 31, 2010. On September 16, 2010, H et al. written a letter with the purport that H et al will perform all the obligations of the Promissory Notes of this case to the Plaintiff within three months.

On September 9, 2013, H et al. issued and delivered to the Plaintiff a note of KRW 175 million at par value, September 30, 2013 at the place of payment and the place of payment, and one promissory note of Seoul Special Metropolitan City as the place of payment and the place of payment. On September 9, 2013, H et al. issued and delivered to the Plaintiff, a notary public made a notarized deed of promissory note of KRW 362 at Sung-gu General Law Firm 2013.

C. E against the Defendants of E

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