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(영문) 서울중앙지방법원 2016.10.27 2016가단16502
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings in the entries in Gap evidence 1 (including paper numbers), 2, and Eul evidence 1 and 4.

The plaintiff is the creditor of the non-party B based on the payment order finalized on April 24, 2015, Seoul Central District Court 2015 tea 14737, and the above claim occurred around 1995.

B. On July 9, 2014, Nonparty C died (hereinafter “the deceased”), and Nonparty C was the deceased’s heir, who was the deceased’s spouse B and the Defendant, the deceased’s children.

B, on September 4, 2014, the Daejeon Family Court reported that he/she renounced his/her property inheritance as the Daejeon Family Court Decision 2014Ra1346, and the said report was accepted on September 22, 2014.

C. Each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) was owned by the deceased, and the legal relationship was changed as follows before and after the deceased’s death.

1) The real estate listed in the Attached List No. 1 (hereinafter “real estate No. 1”).

(A) On April 3, 2012, the provisional registration of the above paragraph (A) of the provisional registration on April 7, 2015 on the ground of the sale agreement made on March 30, 2012, the real estate listed in attached Table 2 (2) (hereinafter “the ownership transfer registration based on the provisional registration of the non-party company”) of the real estate listed in attached Table 2 (2) (hereinafter “the ownership transfer registration of the non-party company”) on July 9, 2014 due to the inheritance by agreement division made on July 9, 2014 (hereinafter “the ownership transfer registration of the non-party company”) on the ground of the sale agreement made on March 2, 2015, the provisional registration of the above paragraph (A) and the above registration of cancellation of the ownership transfer registration on the ground of the above paragraph (b) of the provisional registration on the ground of the title transfer registration made on July 9, 2014.

2. Determination as to the cause of action

A. For the following reasons, the Plaintiff’s summary of the Plaintiff’s assertion is to revoke the agreement on the division of inherited property, such as written in the purport of the claim, and to reinstate the said agreement.

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