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(영문) 광주지방법원 2015.08.18 2014가단30686
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff and C began their marital life from 1996 to November 28, 1997.

Upon completion of the marriage report on December 22, 1997, the Plaintiff and C had a judicial divorce on December 18, 2004.

C Around April 2000, the Plaintiff, alone, brought up D from May 2000 to him.

Therefore, C is obligated to pay the Plaintiff child support of KRW 84,50,000,00,000 each month for 169 months from May 200 to May 2014.

B. C filed a report of marriage with the Defendant on April 27, 2007, and donated his pay, etc. to the Defendant in the absence of debt excess as shown in the attached Form.

C. Since each of the above gift contracts constitutes a fraudulent act detrimental to the general creditors including the Plaintiff, each of the above gift contracts should be revoked, and the Defendant is obligated to pay to the Plaintiff the sum total of KRW 84,270,000 and delay damages.

2. In light of the judgment, the right to seek child support in the past against the other party, who is a joint custody obligor, was an abstract legal status recognized based on his/her kinship, and the right to claim child support in the past has the nature of a property right clearly independent of himself/herself only when it was converted into a specific claim by a family court’s consultation with the parties or by a trial with discretion and formation of the contents, etc. of the relevant child support into a specific claim. Thus, the right to child support in the past cannot be deemed a property right for which the rearer can exercise his/her right before it is established as a specific claim by an agreement between the parties or by a family court

(see, e.g., Supreme Court Order 2010S.85, Aug. 16, 2011). In relation to the instant case, it is recognized that the health unit and the Plaintiff’s specific claim for child support against C have been established.

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