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(영문) 창원지방법원 2020.03.12 2018가단105173
부인의 소
Text

1. The Defendant’s KRW 67,194,965 for the Plaintiff and KRW 5% per annum from April 17, 2018 to March 12, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. The mother D of A and the Defendant (which is inter-rogatories) died on November 29, 2015 (hereinafter “the deceased”) and succeeded to the property and obligations of the deceased with the share in inheritance.

B. At the time of death, the deceased’s inherited property was the real estate listed in the separate sheet (hereinafter collectively referred to as “the instant real estate” and, in part, specified as item numbers when referring thereto).

Meanwhile, inheritance liability amounting to KRW 104,906,460 (i.e., KRW 15,00,000 against E) (i.e., KRW 15,923,260 against G Co., Ltd.) for debts of KRW 15,923,260 against H Co., Ltd. amounting to KRW 5,983,20 for loans of KRW 38,000 on October 26, 2015 for H Co., Ltd. of KRW 30,000 for loans of KRW 30,000 for H Co., Ltd. of KRW 30,000 on December 9, 2014). As such, at least KRW 52,453,230 (i.e., KRW 104,906,460) for debts owed to A at the time of the death of the deceased, the amount of debts owed by A was reached in

(B) Although A filed a request for a judgment on the limited approval of inheritance, it was rejected, and the decision became final and conclusive. On January 11, 2017, the court of first instance rendered a decision 2016 Mo502 dated January 11, 2017, and the court of second instance rendered a decision 2017B4 dated September 19, 2017).

Nevertheless, A made an agreement on the division of inherited property with the Defendant to waive the property inherited from the Deceased (hereinafter “the agreement on the division of inherited property in this case”) and accordingly, on May 30, 2016, as to the real property in paragraphs 2 through 4 of this case:

5. 31. On November 29, 2015, each of the instant Claim Nos. 1 completed the registration of ownership transfer in the future of the Defendant on the grounds of inheritance by consultation and division on November 29, 2015.

(hereinafter “instant transfer registration”). A had no special property other than inherited property from the deceased at the time of the time, and there was a situation of exceeding the obligation after the agreement on the share of inheritance in the instant case.

A filed a petition for bankruptcy on November 20, 2017, Changwon District Court 2017Hadan1849.

On December 19, 2017, this Court declares the bankruptcy against A, and the Plaintiff.

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