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(영문) 대구지방법원 경주지원 2018.05.01 2018가단322

사해행위취소 등

Text

1. The agreement on the division of inherited property concluded on March 31, 2017 between the Defendant and C on March 31, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

[A person who has registered ownership in the future or who has acquired ownership under the law shall be allowed to seek the implementation of the procedure for the registration of ownership transfer against the present registered titleholder in addition to seeking the cancellation of the registration in order to restore the true name of the registration. This legal principle can be applied to a lawsuit seeking the return of the title of the real estate for cancellation from the beneficiary to the debtor in the future. Therefore, the creditor may seek the procedure for the registration of ownership transfer against the beneficiary instead of seeking the cancellation of the registration in the name of the beneficiary by means of restitution due to the cancellation of fraudulent act (see Supreme Court Decision 9Da53704 delivered on February 25, 200). Therefore, the plaintiff's claim for the registration of ownership transfer as shown in the Disposition No. 208 (3)1 and Article 257 of the Civil Procedure Act shall be accepted).