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(영문) 춘천지방법원강릉지원 2016.06.21 2016가단50463
사해행위취소
Text

1. As to shares of 2/11 of each of the real estate listed in the separate sheet:

A. On August 4, 2012, between the Defendant and Nonparty B.

Reasons

The facts that the plaintiff is the creditor of the non-party B, and the non-party B entered into an agreement on the division of inherited property with respect to each of the real estate shares entered in the order by the deceased's inheritors including the defendant around August 4, 2012, and on February 25, 2013, the fact that the registration of ownership transfer was completed under the name of the defendant was not disputed between the parties. Thus, according to the above facts of recognition, the agreement on the division of inherited property between the non-party B and the deceased's heir including the defendant and the deceased's heir in excess of the debt constitutes a fraudulent act detrimental to the other creditors including the plaintiff, unless there are any special circumstances, and as long as the intention of damage of the debtor B is recognized, the defendant's bad faith is presumed as the beneficiary.

Although the defendant did not know that the agreement on the division of inherited property was a fraudulent act, there is no evidence to acknowledge it.

Therefore, the above agreement on division of inherited property should be revoked as a fraudulent act, and the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration to B as a restoration to its original state.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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