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(영문) 울산지방법원 2015.08.19 2014가합16438
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased G and the deceased (1) G (hereinafter “the deceased”) and C are married couple. The plaintiff is the deceased and C’s children, and the defendant is the husband of H, who is the other spouse of the above couple.

(2) On November 28, 2009, the Deceased died. At the time of the death, the Deceased owned ① 93 square meters in Ulsan-gu E, Ulsan-gu (hereinafter “the real estate”), ② 595 square meters in F, ② 345 square meters in F, ③ 345.1 square meters in I and 345.1 square meters in its ground (hereinafter “third real estate”), ④ Jbu 663.5 square meters in Jbu 663.5 square meters and its ground buildings (hereinafter “No.4 real estate”), ⑤ 1/2 equity in Ulsan-gu, Chungcheongnam-gu, Ulsan-gu, Seoul (hereinafter “No.5 real estate”), and 1/2 equity in Ulsan-gu, Seoul-do, and the remainder 1/2 equity and its ground buildings owned by the Plaintiff).

(3) At the time of the deceased’s death, the deceased’s heir had wife C, girls L, Nam M, Women H, Women H, the Plaintiff, Women N, and son N, respectively.

(4) The Deceased bequeathed Nos. (4) and (5) to the next South O, and bequeathed Nos. (1), (2) and (3) to C, the wife of real estate.

O and C shall complete the registration of ownership transfer based on testamentary gift for each of the above testamentary gifts.

C sold real estate to others on June 15, 2010 and completed the registration of ownership transfer for a buyer.

B. (1) On November 18, 2010, M, the president of the deceased, filed a lawsuit seeking the return of legal reserve of inheritance against C andO, etc. on November 18, 2010, with the Ulsan District Court 2010Kadan38181. In the lawsuit above, the decision of recommending settlement was finalized to the effect that “M shall pay KRW 22,194,300, andO shall pay KRW 140,128,03 by October 31, 201.”

C andO paid money to M after the settlement recommendation decision.

(2) On April 19, 201, the Plaintiff, L, H, and N, who is his father and wife, filed a lawsuit claiming the return of legal reserve of inheritance (hereinafter “the lawsuit claiming the return of legal reserve of inheritance of this case”) with the Ulsan District Court 201Gahap2575 (hereinafter “the lawsuit claiming the return of legal reserve of this case”).

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