logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.09.08 2016가단51937
부인의 소
Text

1. The Defendants are to the Plaintiff:

(a) 1.725/7014.7 shares of each of the real estates listed in the separate sheet 1 to 4.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the entries in Gap evidence Nos. 1, 2, 5, 6, 7, 8-1 through 5, 9-1 through 6, 11, 11, and 1 of Eul evidence Nos. 1, 2, 5, 6, 7, 8-1 through 5, 9-1 through 1, and 1, and there is no counter-proof.

On July 21, 2014, Nonparty A declared bankrupt and applied for immunity (hereinafter “instant bankruptcy and exemption”). On November 21, 2014, Chuncheon District Court declared bankrupt against Nonparty A, and appointed the Plaintiff as the bankruptcy trustee of Nonparty A.

B. Nonparty F died on May 20, 2013, and Nonparty A and the Defendants, the inheritor, are children.

C. On July 10, 2013, Nonparty A and the Defendants: (a) each real estate of the networkF’s shares 20.67/7014.7 and 5/6, out of each real estate listed in the separate sheet No. 1 through 4, were jointly owned by the Defendants; and (b) the networkF’s shares out of each real estate No. 7 through 9 were jointly owned by Nonparty A and the Defendants, respectively, to share 1/4 shares (hereinafter “instant agreement on the division of inherited property”).

The Defendants filed for each share transfer registration on July 12, 2013 with respect to the share of 6.89/7014.7 out of each immovable property listed in the separate sheet No. 41425, Jul. 12, 2013, under the receipt of the original branch court of Chuncheon District Court from the original branch on May 20, 2013. The Defendants filed for each share transfer registration on July 12, 2013 with respect to 1/3 of each immovable property listed in the separate sheet No. 5 and No. 41425, May 20, 2013, with respect to 1/3 of the respective immovable property listed in the separate sheet No. 5 and 6, respectively.

(hereinafter “each of the instant shares transfer registration”) 2. Determination

A. The Plaintiff’s assertion constitutes an act of Nonparty A with knowledge that the agreement on the division of inherited property constitutes an act of undermining the bankruptcy creditor, and thus, the Debtor Rehabilitation and Bankruptcy Act.

arrow