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(영문) 청주지방법원 2013.09.04 2012가단35323
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim for grain price of KRW 116,120,000 against the net F (Death February 21, 2012).

B. C, D, and E are the deceased F’s successors (hereinafter referred to as “C, etc.”), and their inheritance shares are C3/7, D, and E 2/7.

On the other hand, C et al. was tried on May 9, 2012 to grant inheritance limited recognition by the Cheongju District Court 2012Ja-Ma342.

C. The registration of ownership transfer was completed on March 4, 2008 with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”), and the registration of ownership transfer was completed on April 2, 2009 with respect to each of the instant real estate 1/2 shares.

On April 6, 2012, on the instant real estate on April 5, 2012, the registration of transfer of ownership in the name of the Defendant (hereinafter “instant registration of transfer of ownership”) was completed in the name of the deceased F on the grounds of sale on April 5, 2012.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, 2, Gap evidence 4-1, 2, 3, and 5-1 through 6, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant real estate is real estate purchased by the networkF and held in title trust with the wife C.

B. Each one-half share of the instant real estate, each of which was named C, upon the death of the deceased F, was inherited by inheritance to C, etc. according to its inherited shares.

C. C, etc. in collusion with the Defendant for the purpose of undermining the creditors of the deceased F, including the Plaintiff, etc., concluded a sales contract on each inheritance share among the 1/2 shares of the instant real estate among the instant real estate, and completed the instant registration of transfer of ownership to the Defendant, thereby causing insolvency.

Therefore, the act of entering into the above sales contract by C, etc. is presumed to be a fraudulent act against creditors and the defendant's bad faith as a beneficiary.

Therefore, the above sales contract, which is a fraudulent act, is revoked and the restitution is sought.

3. Determination

A. First, 1/2 shares in the title C among the instant real estate were nominal from the networkF to C.

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