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(영문) 서울중앙지방법원 2016.06.30 2014가합539909
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The relevant G, the Plaintiff, H, I, J, and K are children between L and M, and N are the Plaintiff’s wife,O, and P.

C The wife, D, Q, and F are children between G and C.

(hereinafter “C, D, Q, and F” (hereinafter “C, etc.”). As a result of the death of G on January 5, 1991, “C, etc.”, C, etc. jointly inherited the rights and obligations of G’s property. As L, the father of G, died on September 28, 1993, C, etc. inherited the portion of G’s inheritance on behalf of G. As G’s mother, M, the mother of G, died on March 1, 2002, C, etc. inherited the portion of G’s inheritance on behalf of other parties.

G’s inherited property of the net G is R 4,433.5 square meters [as of September 26, 2003, R 4,387.8 square meters (hereinafter “instant real property”) as of September 26, 2003.

The sum of each land divided into G and S 45.7 square meters was originally owned by G and L (G 10,24/16,329 shares, L6,085/16,329 shares, and L). As to the said real estate, the inheritance registration (C 3,416/16,329 shares, D, Q, F 2,276/16,329 shares, D, Q, and F 2,279 shares), and inheritance registration (G 239/16,329 shares, D, 329 shares, Q, 159/16,329 shares) in the name of other co-inheritorss of L (G 239/16,329 shares, D, Q, 156/329 shares, and 329/329 shares) upon the death of L.

Meanwhile, at the time of L's death, there were the Seoul Jongno-gu Seoul Metropolitan Government U-Ma347§³ and its ground buildings (hereinafter "Seoul U-U-real estate"), V large-2,252§³ and its ground buildings (hereinafter "Seoul U-U-real estate"), and the above W W large-12С and its ground buildings, etc.

M On March 1, 2002, upon death of M on March 1, 2002, C et al. inherited (C3/9 shares, D, Q, and F 2/9 shares, respectively) by substitute inheritance (C3/9 shares, D, Q, and F) of G on real estate in the instant case.

On January 19, 200, C drafted the following agreements (hereinafter referred to as “the first agreement”) with the Plaintiff as a principal-affiliated D, Q and F’s agent:

The plaintiff shall be KRW 40 million to C, etc.

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