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(영문) 수원지방법원여주지원 2020.07.08 2019가합11134
사해행위취소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

On April 25, 2018, the Plaintiff filed a lawsuit claiming the return of down payment and damages against the deceased F (hereinafter “the deceased”), with the judgment that “the deceased shall pay the Plaintiff KRW 304,00,000 and any damages incurred therefrom,” which was sentenced to the judgment (U.S. District Court Decision 2017Gahap291), and the said judgment (hereinafter “the judgment of this case”) became final and conclusive around that time.

The Plaintiff, a title of the instant judgment, was subject to compulsory execution against the deceased’s property and received part of the principal and interest. At present, the principal of the instant judgment remains in KRW 298,395,000.

The deceased’s inheritance-related net G died on September 29, 2018, and the inheritor was the deceased, Defendant B, E, and D, who were their children.

Since then, the deceased died on October 25, 2018, and the Defendants became the deceased’s heir.

However, on December 6, 2018, Defendant E, C, and D reported the renunciation of inheritance to waive the inheritance of the deceased’s property, and the report was accepted (U.S. District Court Decision 2018Radan5158). On the same day, Defendant B filed a qualified acceptance report on the inherited property of the deceased, and the report was accepted (U.S. District Court Decision 2018Radan51599).

On December 4, 2018, the Defendants reported the renunciation of inheritance on behalf of the Deceased (hereinafter “instant renunciation of inheritance”) with the content that the Deceased renounces inheritance of the deceased G’s property (hereinafter “instant renunciation of inheritance”).

On February 11, 2019, Defendant B appealed against the decision of the judicial assistant officer that the claim in this case is dismissed, and the decision of correction was made on March 4, 2019 that accepted the report of renunciation of inheritance.

(No. 1-5, No. 1-6 (including virtual numbers), the Plaintiff’s assertion of the purport of the entire pleadings by subrogation of the Deceased’s deceased. (The grounds for recognition) was without dispute. (A) No. 1-5, A-1-6, and the Plaintiff’s assertion of the purport of the entire pleadings, giving up the deceased’s net G property inheritance.

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