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(영문) 대구지방법원서부지원 2019.01.17 2017가단55593
사해행위취소
Text

1. The plaintiff's action against the defendant B and C shall be dismissed.

2. The plaintiff's claim against the defendant D is dismissed.

3. The plaintiff.

Reasons

1. On August 26, 2003, G was killed on September 10, 2003, when he was involved in a traffic accident involving H vehicle while walking (hereinafter “this case’s Aquatic Vehicle”).

(hereinafter “the deceased”). Around November 2002, the deceased entered into an automobile insurance contract with J Co., Ltd. (hereinafter “J”) with respect to the I vehicle owned by the deceased and included a non-insurance injury (the maximum amount of KRW 200 million; hereinafter “the instant non-insurance accident”) in the security. A beneficiary of the death insurance did not separately designate the beneficiary.

On the other hand, the instant Maritime Vehicle was also subscribed to the J's liability insurance.

The plaintiff is punished by the deceased.

Defendant B and Defendant C are children of the Deceased and Defendant D.

Defendant D divorced on July 1, 200.

Defendant D and Defendant F are the siblings.

Defendant B and C filed a petition for adjudication on the limited recognition of inheritance under the Daegu District Court’s Sung Branch Branch of 2003Radan92, stating “(i) insurance money claims under the Automobile Accident Compensation Insurance Contract that the Deceased concluded with J, ② insurance claims based on the driver’s welfare insurance contract that the Deceased concluded with K corporation, and ③ I’s car car.”

The above court accepted the above report on October 11, 2003.

On February 2, 2004, the Plaintiff filed a loan lawsuit against Defendant B and C with the Daegu District Court Branch of 2004Gadan140, and was sentenced on May 26, 2005 to the effect that “Defendant B and C shall pay each of the Plaintiff KRW 49,767,303 and delay damages to the extent of the property inherited from the Deceased,” and the judgment became final and conclusive.

(hereinafter “First Loan Lawsuit”). Defendant D received 73.5 million won from J around September 2004 as part of the amount agreed upon in the instant non-insurance accident insurance.

Defendant D purchased the instant real estate on May 26, 2005 and completed the registration of ownership transfer on June 24, 2005.

Defendant B and C filed against the J on December 26, 2006 as Daegu District Court 2006Kadan170918.

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