(영문) 수원지방법원성남지원 2017.11.01 2017가단5272

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(영문) 수원지방법원성남지원 2017.11.01 2017가단5272

청구이의

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties; hereinafter “Plaintiff”) and the designated parties, B, and C are the successors of network D (Death on October 25, 2013, hereinafter “the deceased”). The Plaintiff and the designated parties completed the registration of transfer of ownership due to inheritance (hereinafter “instant consultation division”) by agreement on October 25, 2013, as to Plaintiff 5/10 shares in the building No. 101 (hereinafter “instant real estate”) in Gwangju City E-si, which was owned by the Deceased on April 25, 2014.

B. The Defendant filed a suit against the Plaintiff and the designated parties for revocation of fraudulent act (hereinafter “instant suit”) seeking the payment of KRW 16,100,000 as compensation for the value following the revocation, on the part of the Plaintiff, the designated parties, and B, with respect to the portion of KRW 1/4 of the instant real estate as to the portion of KRW 1/4 of the instant real estate as the Sungwon District Court’s Sung-nam Branch Branch 2015da226839.

C. On December 30, 2015, the Plaintiff and the designated parties were not served with a duplicate of the instant previous suit and did not submit a written response. On April 15, 2016, the said court rendered a judgment that “1. The agreement on the division of inherited property concluded on October 25, 2013 between the Plaintiff and the designated parties was cancelled within the limit of KRW 16,10,000 on the grounds that the Plaintiff and the designated parties did not submit a written response, and that “1...., the Plaintiff, the designated parties paid 16,100,000 to each Defendant and paid 5% interest per annum from the day following the day when the judgment became final and conclusive to the day of complete payment.”

On May 26, 2016, the above judgment became final and conclusive on May 26, 2016, since the Plaintiff and the designated parties did not appeal despite being served with the original copy of the above judgment.

hereinafter referred to as "the final judgment of this case"

2) Each of the records, evidence, and evidence No. 1, evidence No. 1, evidence No. 3, evidence No. 8, and evidence No. 9, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion.

유사 판례

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-부산지방법원 2017.06.08 2016가합4023

-광주지방법원순천지원 2019.11.26 2019가단80463