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(영문) 전주지방법원 2017. 05. 23. 선고 2016가단37534 판결

(무변론판결)상속협의분할에 따른 사해행위로 상속재산 협의분할 계약은 취소됨.[국승]

Title

(Judgment without Oral Proceedings) The agreement on division of inherited property is revoked by fraudulent act following the division of inheritance.

Summary

(Judgment without Oral Proceedings) The agreement on division of inherited property is revoked by fraudulent act following the division of inheritance.

Related statutes

Article 406 of the Civil Code, Right of Revocation

Cases

Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ ○

Imposition of Judgment

2017.05.23

Text

1. The defendant shall revoke the agreement on division of inherited property concluded on February 11, 2016 with respect to one half of the real estate listed in the separate sheet between Kim○○ and the real estate listed in the separate sheet.

2. The defendant shall implement the procedure for the registration of ownership transfer on the ground of the restoration of the authentic name with respect to one half of the real estate listed in the attached list to Kim○○○.

3. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Grounds for recognition;

Judgment without Oral Pleading (Articles 208(3)1 and 257(1) of the Civil Procedure Act)