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(영문) 광주지방법원 2018.01.24 2017가단16001
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts without dispute;

A. On October 28, 2016, C, the owner of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), died with C, E, Defendant, and B, who were his/her children, as his/her heir.

(The inheritance shares of inheritors are one-fourths, respectively).

The deceased’s inheritors agreed to the effect that the Defendant independently inherited each of the instant real estate, and accordingly, on May 4, 2017, the registration of transfer of ownership in the name of the Defendant was completed due to the division on October 28, 2016 by the head of the Gwangju District Court, the Sungsung District Court No. 5432.

C. The Plaintiff has a monetary claim against the foregoing B. The amount of the claim is KRW 77,579,436 as of October 2016.

2. Determination

A. The agreement on the division of inherited property, with the purport that the part of the cause of the claim B renounces the above inheritance shares, which are one of the sole property of the obligee, while in excess of the obligation, constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee, and thus, seeks cancellation of the ownership transfer registration against the Defendant.

B. 1) As long as the inheritance does not infringe on the legal reserve of inheritance, the inheritance by the co-inheritors is designated by the will of the inheritee, and if there is no such will, it shall be the legal share. However, the person who received a donation of property or testamentary gift from the inheritee has the inheritance share only to the extent that the given property falls short of his/her own share of inheritance (Article 1008 of the Civil Act). As for co-inheritors who specially contributed to the maintenance or increase of the inheritee’s property or specially supported the inheritee, the amount calculated by deducting the contributory portion from the property value of the inheritee at the time of the commencement of inheritance shall be considered as inherited property, and as an inherited property, the designated inheritance or statutory share of inheritance is not the inheritance by the co-inheritors.

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