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Reasons
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(영문) 광주지방법원 2019.04.25 2018가합54304
사해행위취소
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) F Organizations F (hereinafter “F Organizations”)

(2) On February 18, 2011, the Plaintiff filed a lawsuit against C and G with Seoul Eastern District Court 201Gadan10090, and on January 12, 2012, the said court rendered a judgment with respect to “C and G jointly with F organizations 17,636,115 won and the amount calculated at the rate of 19% per annum from January 2, 2008 to January 3, 201, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive on February 2, 2012 (hereinafter “instant judgment”).

(2) On December 7, 2012, F organization transferred the instant claim for the judgment amount to H (hereinafter “H”) on December 7, 2012, and H transferred the instant claim for the judgment amount to the Plaintiff again on February 23, 2016.

3) Meanwhile, the principal amount of the instant judgment claim is KRW 92,00,000,00 as the principal amount of the instant judgment claim was partially repaid among the instant judgment claim. B. The Defendant and C’s father-D on the division of inherited property by the Defendant, C, etc. died on September 26, 2013. Since then, D (hereinafter “the deceased”).

The spouse I, children J, C, K, L, M, N, P, and the Defendant’s inherited property (E Co., Ltd. (hereinafter “E”) shares 530,029 shares and deposits 2,678,71,955 won and hereinafter “instant inherited property”).

[1] As to the agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) as follows:

A. Before 200:

3. Marking of the inherited property; and

(a) E 530,029 shares;

(b) Deposits: 2,678,711,955 won;

(c) Total amount of inherited property: 2,678,711,955 won from financial assets of 530,029 shares;

4. Details of the agreement on the division of property, i.e., 75,718, 765,346,273, 00,000 won 255,115,424 (Defendant) 252,39,424 (Defendant) 255,115,424 N 25,424,000 won 50,424 won 50,000 won 50,479,000 won 255,424,000 won 50,479,25,115,424 won - 50,479,25,115,424 won - 50,55,115,424 won - 50,479,525,115,424 won -

5. The agreement on division of property.

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