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(영문) 서울중앙지방법원 2017.07.14 2016가합558317
사해행위취소
Text

1. 2/3 shares among the lands listed in paragraph 1 of the attached Table list between the defendant and C and 1/2.

Reasons

1. Basic facts

A. The status D and the Plaintiff were married couple, and C, E, and B are D and the Plaintiff’s children.

D died on March 22, 2005.

B filed a petition for adjudication on the commencement of adult guardianship with the Plaintiff as the principal of the instant case on October 5, 2015, as the Ji Government District Court Decision 2015Ra60116, which rendered the Defendant as the Goyang Branch of the Ji Government District Court, on October 12, 2015, the Ji Government District Court tried to commence the Plaintiff’s adult guardianship and to appoint B as the Plaintiff’s adult guardian.

B. On March 22, 2005, C related to the ownership of the land and building listed in the separate sheet inherited 1/2 of the shares of 2/3 of the land listed in the separate sheet No. 1 (hereinafter “instant land”) and the building listed in the separate sheet No. 2 of the attached sheet No. 2 (hereinafter “instant building”) owned by D, following an agreement on inherited property division.

The Plaintiff owns the remainder of 1/3 of the instant land and the remainder of 1/2 of the instant building.

C. On October 1, 2008, C entered into a lease agreement between the Plaintiff’s claim for return of unjust enrichment against Manosung Motor Vehicle Co., Ltd. (hereinafter “Manosung Motor”), and around October 1, 2008, C agreed to increase the instant building to KRW 150,000,000, monthly rent of KRW 14,000 (excluding value-added tax), and from October 1, 2008 to September 30, 2013, the lease agreement was concluded between Manosung Motor Vehicle Co., Ltd. (hereinafter “Manosung Motor”) to increase to KRW 15,50,000,00 retroactively from October 1, 201.

C received from July 2009 that it was a car under the above lease contract from Manosung Motor Vehicle.

The Plaintiff, C, E, and B jointly inherited KRW 4,50,000,000 for loans to the snow of D limited liability company (hereinafter “low snow”) according to their statutory shares in inheritance, and C was repaid KRW 100,000 for face value on December 15, 2005, and KRW 100,000 for cash on November 6, 2007, respectively.

The plaintiff is a "F building" under the name of "F building in Daegu Suwon-gu".

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