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(영문) 전주지방법원 2018. 04. 26. 선고 2017가단27954 판결
이 사건 상속재산협의분할약정은 사해행위에 해당한다.[국승]
Title

The agreement on division of the inherited property of this case constitutes a fraudulent act.

Summary

The agreement on division of the inherited property of this case constitutes a fraudulent act and thus revoked.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Text

1. A real estate listed in attached Table 1 list between Defendant ○○ and Nonparty ○○○○ (○○○○○-○○○○○○○○○○○○○)

agreement on division of inherited property concluded on August 21, 2017 shall be revoked.

2. As to the real estate set forth in paragraphs 2 and 3 in the separate sheet No. 1 between Defendant OO○ and No. ○○○.

8.21. Revocation of the concluded agreement on division of inherited property.

3. On August 21, 2017, between the Defendants and No. ○○○○, the conclusion of August 21, 2017 on the real estate indicated in attached Table 1

The agreement on division of inherited property shall be revoked.

4. As to 2/11 of the real estate listed in the annexed Table 1 list to ○○○○

The end of the registration of transfer of ownership completed under No. 88978 of September 4, 2017, which was charged by the Jeonju District Court

The filing procedure shall be implemented.

5. 2/11 each of the real estate in paragraphs (2) and (3) of attached Table 1 to ○○○.

The ownership completed at No. 88979 on September 4, 2017 by an all-round indictment of the Jeonju District Court on the portion

The procedure for the cancellation registration of the former registration shall be implemented.

6. The Defendants shall transfer to ○○○ with respect to the share of 2/11 of the real estate in attached Table 1 list.

The indictment of all-round District Court on September 4, 2017: Cancellation, etc. of transfer registration of ownership completed with No. 88980

D. The procedures will be implemented.

7. The costs of lawsuit shall be borne by the Defendants.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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