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(영문) 제주지방법원 2021.01.07 2020가단61463
사해행위취소
Text

1. As to 1/3 shares of real estate listed in the separate sheet:

A. The inherited property of May 14, 2020 between the defendant and C.

Reasons

1. In Jeju District Court 2019Ga 1786 decided May 28, 2019, the fact of recognition that the Plaintiff filed against the Defendant or the Defendant, “C shall pay 70,000,000 won to the Plaintiff.”

“The fact that the conciliation was completed; thereafter, C and Defendant D received inheritance of the real estate indicated in the orders issued by the parent-friendly E; and on May 14, 2020, the Defendant agreed to divide that real estate was solely inherited; and C are not in dispute between the parties, or may be recognized by comprehensively taking account of the respective descriptions in evidence No. 12, and the overall purport of the pleadings.

2. Comprehensively taking account of the revocation of the act of deception and the recognition of restitution, as a whole, the Plaintiff’s obligor C renounced one-third of his/her inheritance shares among the real estate stated in the order of property which is valuable in excess of the obligation and agreed on the division of inherited property owned by the Defendant alone, the agreement on the division of property in question constitutes an act of harming the obligation and thus revoked upon

Therefore, with regard to the Plaintiff’s restitution, the Defendant shall implement the registration procedure for cancellation of the period prior to the completion of ownership, which was completed on July 10, 2020 by the Jeju District Court No. 63723, relating to C’s statutory inheritance share 1/3 of the real estate stated in the order.

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