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(영문) 의정부지방법원 2017.12.13 2016가단129837
사해행위취소로 인한 가액배상
Text

1. On June 13, 2016, the Defendant’s Intervenor and the Defendant’s share of 1/2 of the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On October 1, 1993, around 19:45 on October 1, 1993, the Intervenor joining the Defendant (hereinafter only referred to as the “Defendant C”) killed the network F due to the Plaintiff’s damage claim against C due to the illegal act by the designated parties: (a) the designated parties D was the wife of the network F; (b) the designated parties E, and the Plaintiff were the children of the network F. (c) the Defendant’s Intervenor (hereinafter referred to as the “Defendant C”) killed the Plaintiff F. by shocking the Plaintiff’s driver to the end of the network F.

3) Accordingly, the Plaintiff, the designated parties, etc. filed a lawsuit against C seeking compensation for damages due to a tort against C (Korean District Court Decision 96Da12990). On December 19, 1996, C was sentenced to D’s 42,880,748 won, E, 27,762,842 won, and damages for delay against the Plaintiff, and it became final and conclusive at that time. 4) The Plaintiff and the designated parties filed a lawsuit against C on February 1, 2016 for the interruption of extinctive prescription of a claim against C on February 1, 2016 with the Daejeon District Court Branch Decision 2016Ra1560, May 11, 2016, “C was established at the rate of KRW 287,598 and KRW 2748,278,284 and KRW 2884,288,278,284,278,288.”

5) Therefore, the Plaintiff and the designated parties have a damage claim against C pursuant to the instant protocol of conciliation. B. The Defendant, such as the Defendant and C’s marriage and divorce, married with G on April 30, 198, and the G died on July 10, 2013, the Plaintiff and the designated parties married with C on June 10, 2014 (the report of divorce was filed, but on April 11, 2016, filed an application for confirmation of the intention of divorce with the Government District Court 2016No729, May 2016.

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