(영문) 부산고등법원 2020.04.23 2019나55180

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(영문) 부산고등법원 2020.04.23 2019나55180

사해행위취소및소유권이전등기말소등청구

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Revision] Part] Part 4 of the first instance court's decision "the defendant" in Part 1 of the first instance court's decision shall be applied to "C".

The following shall be added at the end of the fourth sentence of the first instance court:

As to the scope of the claim to return legal reserve of inheritance against C, the Plaintiff asserted that “203,914,955 won and damages for delay thereon” last at the trial (the preparatory document dated March 11, 2020) but did not reduce the existing claim to return.

[] Chapter 5-8 of the first instance court's decision (as part of the first instance court's decision (as referred to in paragraph 4 of the first instance court's decision), the first instance court's decision (as follows:

A. The establishment of the preserved claim: (a) the Plaintiff filed a lawsuit against C with Busan District Court 2018Gahap42470 (the deceased on September 22, 2017) to seek the return of the secured portion of inheritance; (b) on July 10, 2019, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 182,505,802 due to the return of the secured portion of inheritance and the delay damages therefor; (c) both the Plaintiff and C filed an appeal with the Busan High Court 2019Na5197, Jan. 23, 2020; and (c) on January 23, 2020, the said court rendered a judgment to the effect that “C shall pay to the Plaintiff the amount of KRW 203,914,955 with the return of the secured portion of inheritance and the delay damages therefrom,” and (c) on this ground, the instant case is deemed to have been described in the present Supreme Court 2020Da216161,150.

As above, the progress of the lawsuit for the claim for the return of the legal reserve and the contents of the judgment, the plaintiff's return of the legal reserve due to the death of the deceased person C is 203,914,955 won.

참조조문

-민사소송법 제420조

유사 판례

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