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(영문) 수원지방법원안양지원 2015.05.28 2014가단25274
사해행위취소 등
Text

1. The plaintiff's respective lawsuits against the defendant C and D shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff was a legally married couple who completed the marriage report on March 2, 1984. While Defendant B filed a divorce lawsuit against the Plaintiff on February 23, 2015 against the Plaintiff, the said court rendered a ruling of recommending reconciliation to the effect that the Defendant B and the Plaintiff are divorced on the grounds that both parties raise an objection, the said ruling of recommending reconciliation became final and conclusive at that time.

B. As to each real estate listed in the separate sheet Nos. 1 and 2, from E, the father of the Plaintiff, on June 18, 2007, the registration of ownership transfer was completed in the name of Defendant B on the ground of donation from June 21, 2007, and Defendant B sold the above real estate to Defendant C on December 2, 2014, and the registration of ownership transfer was completed in the name of Defendant C on December 3, 2014.

C. On June 21, 2007, the registration of transfer of ownership was completed in the name of the Defendant B on the ground of the Plaintiff’s donation from E, his father, June 18, 2007.

Attached Form

With respect to the real estate stated in paragraph (4) of the list, the registration of transfer of ownership was completed in the name of Defendant B on April 10, 1993 due to sale and purchase from E (F on the register) who is the father of the Plaintiff, on April 10, 1993. Defendant B sold the above real estate to Defendant D on December 2, 2014, and the registration of transfer of ownership was completed in the name of Defendant D on December 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 14, Eul evidence 1 (including evidence attached with each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. On June 10, 2007, the Plaintiff donated each real estate listed in the separate sheet from E, his father, and was in title trust with the Defendant B, who was his spouse at that time.

B. On December 2, 2014, Defendant B, the title trustee, completed the registration of ownership transfer under his own name with respect to each real estate listed in the separate sheet, the real estate listed in the separate sheet Nos. 1 and 2 to Defendant C;

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