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(영문) 대전지방법원 서산지원 2017. 12. 19. 선고 2017가단54475 판결

상속지분을 포기한 것은 사해행위임.[국승]

Title

The renunciation of inheritance shares shall be a fraudulent act.

Summary

The act that a delinquent taxpayer renounces his/her inheritance shares on the land of this case, the only property while holding a divided agreement on inherited property, and completes the registration of ownership transfer under the name of the defendant is a fraudulent act detrimental to the plaintiff.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Cases

2017 Ghana 54475 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

O KimO

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

December 19, 2017

Text

1. The agreement on division of inherited property concluded on December 29, 2013 between the Defendant and Nonparty ○○○ on December 29, 2013 with respect to shares of 2/39 among the real estate listed in attached Table No. 1 and shares of 2/13 among each real estate listed in attached Table No. 2 through 13 is revoked.

2. The defendant will implement the registration procedure for transfer of ownership on the ground of the restoration of each real name with respect to the shares of 2/39 among the real estate listed in paragraph (1) of the attached list and the shares of 2/13 among the real estate listed in paragraphs (2) through (13) of the attached list.

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. Judgment without holding any pleadings;

Articles 208(3)1 and 257 of the Civil Procedure Act