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(영문) 서울중앙지방법원 2017.02.16 2016가단5099939
사해행위취소
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 80 million and the interest rate from July 23, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On August 21, 2007, the following mediation was concluded with the participation of the Defendant C (Plaintiff and Defendant B’s wife) by the conciliation intervenor on August 21, 2007 in the conciliation procedure, such as the case of divorce and the case of division of property, between the Plaintiff and the Defendant B, the Seoul Family Court 2006da5456, 2007da13943 (principal lawsuit), 2007da37106, 2007da13950 (Counterclaim).

① The Plaintiff and the Defendant B are divorced.

② Defendant B shall allow the Plaintiff to continue to reside in the attached Form 1 unauthorized residence, and upon the removal of the said housing, Defendant C shall provide the Plaintiff with a residential space of an amount equivalent to KRW 50 million for lease deposit in the name of the Defendant C or a person designated by Defendant C, by securing a residential space of an amount equivalent to KRW 50 million.

③ Defendant C allows the Plaintiff to continue to operate the E operated by the Plaintiff at present without permission building Nos. 2, and when the said building is removed, Defendant C shall pay the Plaintiff the cost of living at the end of each month at the cost of KRW 400,000 per month.

④ If the Defendants fail to perform their respective duties, it shall be jointly and severally paid 80 million won to the Plaintiff as damages.

B. After conciliation, the Plaintiff, while operating E with the real estate listed in the attached Form 2, discontinued his/her business in around 209, and leased the deposit with KRW 35 million on August 31, 2009 and used it. Upon the termination of the said lease, Defendant C returned the said deposit to the lessee, and Defendant C leased the said deposit to another lessee.

On the other hand, the plaintiff continued to reside in the real estate listed in the attached Table 1 and was temporarily moved to Incheon, but the defendant B moved to the above house.

C. In the case of a building name map claim, the Plaintiff, based on the conciliation protocol in the above divorce claim case, is based on the Seoul Central District Court Decision 2015Da5005166, set forth in attached Forms 1 and 2.

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