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(영문) 의정부지방법원고양지원 2016.09.30 2016가단13386
사해행위취소
Text

1. The Defendants: (a) on September 11, 2015, with respect to each of 1/4 shares in the real estate listed in the separate sheet to Nonparty D.

Reasons

The Plaintiff was the husband and wife of Nonparty D, and the Defendants were the children of the Plaintiff and Nonparty D, and the real estate listed in the attached list (hereinafter “instant real estate”) were the names of Nonparty D. However, the said land was purchased in the name of Nonparty D by purchasing the Plaintiff’s income from farming land, acquired in the name of Nonparty D, and managed the Plaintiff’s agricultural death in the said land. Nonparty D filed a divorce lawsuit against the Plaintiff around July 2015, and on September 11, 201, filed a divorce lawsuit against the Defendants on September 10, 201, the fact that the registration of ownership transfer was completed with respect to each of the instant real estate among the said real estate on the grounds of donation made by the Plaintiff and the Plaintiff on April 12, 2016, and that the instant real estate, which was registered in the name of the Defendants as of April 12, 2016, was actually owned by 1/2 shares in the Plaintiff and the Defendant, which became final and conclusive by the Defendants pursuant to Article 35(15) of the Civil Execution Act.

According to the above facts, although the real estate of this case was trusted by the plaintiff under the name of the non-party D, D only made the same appearance as the donation to the defendants in order to avoid division of property, and such donation contract becomes null and void due to false indication of agreement, the registration of transfer of ownership in the name of the defendants shall be cancelled.

In accordance with the division of property agreement, the Plaintiff has the right to seek the implementation of the registration procedure for ownership transfer of 1/2 shares of the above real estate against Nonparty D, and thus, in order to preserve the same, the Plaintiff may request the Defendants to perform the registration of cancellation.

Therefore, the Defendants sought the cancellation registration procedure for ownership transfer registration with respect to 1/2 shares out of the instant real estate against Nonparty D, each of which constitutes one-fourth shares among the instant real estate. This is the cancellation registration for ownership transfer registration with respect to each of 1/2 shares out of the instant real estate owned by the Defendants.

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