logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.03.10 2015가단79526
사해행위취소
Text

1. As to shares in 2/7 of the real estate indicated in the attached Form, the indication of the real estate;

A. On January 13, 2015, between the Defendant and B.

Reasons

1. Indication of claim;

A. The Plaintiff is the Plaintiff’s obligee of the acquisition amount against B (the KRW 45,111,02 as of January 13, 2015), and the Defendant is the mother of B.

B. B succeeded to 2/7 shares of the real estate indicated in the attached Form No. 3, and the Defendant completed the registration of ownership transfer on the inheritance shares of B, among the real estate listed in the attached Form No. 17, on February 17, 2015, due to the consultation and division of the inherited property as of January 13, 2015.

C. On January 13, 2015, B was insolvent at the time of division of inherited property on January 13, 2015. This is a fraudulent act detrimental to the Plaintiff, who is the obligee, and is presumed to be the intention of the perpetrator B and the Defendant’s bad faith.

Therefore, the division of inherited property on January 13, 2015, which was made between the defendant and B, should be revoked, and the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration to B due to restitution to the original state.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

arrow