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(영문) 서울북부지방법원 2018.11.08 2018나33242
사해행위취소
Text

1. Revocation of the first instance judgment.

2. It is concluded between the Defendants and D as to the shares of 2/9 out of the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On September 26, 2013, the Seoul Central District Court 2013Da163155, which the Plaintiff filed a claim for reimbursement against E and D, the said court rendered a judgment on September 26, 2013 that “A stock company E and D shall jointly and severally pay to the Plaintiff 30,591,780 won, and 30,000,000 won among them, 15% per annum from January 3, 2013 to September 10, 2013, and 20% per annum from the next day to the date of complete payment,” and the said judgment became final and conclusive on October 15, 2013.

B. D and F, the father of the Defendants, died on August 10, 2016, became the wife, G and children of the net F, and the Defendants’ co-inheritors.

C. On February 27, 2017, the Defendants completed the registration of transfer of ownership based on inheritance by consultation and division, with respect to each of the instant real property, as Seoul Northern District Court Decision 14715, No. 14715, supra, on August 10, 2016, as the Defendants agreed to jointly own one-half shares of the instant real property, G and D, and the Defendants agreed to jointly own each of the instant real property.

(hereinafter) On August 10, 2016, which served as the cause for the registration of transfer of ownership, the agreement on division of the inherited property (hereinafter “instant agreement on division of the inherited property”). D.

At the time of the split-off consultation of the instant inherited property, D had no particular property in addition to the inheritance shares on the instant real property, and was in excess of its obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 3 (including branch numbers in the case of additional evidence), the fact inquiry results of the court administration of the first instance court, the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property of the relevant legal doctrine as to whether to recognize a fraudulent act has commenced and the inheritance has become effective and all or part of the inherited property of which provisional co-inheritors shared by each inheritor has become a sole ownership or a new co-ownership relationship.

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