logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.07 2013가단337963
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s claim against C has 35,00,000 won and its delay damages claim against C.

(Seoul Central District Court Decision 2003Da44606 delivered on January 28, 2004, Evidence A No. 1). 2. C Family Division D died on May 22, 2008.

The heir is the defendant (3/9 shares in inheritance), E, C, and F (2/9 shares in inheritance, respectively) who is the wife.

At the time of commencement of the inheritance, the property of the deceased is the real estate recorded in the attached list (hereinafter referred to as "the real estate of this case") and the 66,744 square meters of G forest in Gangseo-si.

On February 14, 2011, the inheritors agreed on the division of inherited property with the real estate of this case as the defendant's sole ownership.

On December 9, 2013, the registration of transfer of ownership on the instant real estate was completed on the grounds of inheritance by agreement and division in the future of the defendant.

(based on recognition) The fact that there is no dispute over the Seoul Central District Court’s receipt No. 29279 (No. 29279). [Ground of recognition], the entry of evidence No. 2, 3, and 4,

3. The Plaintiff asserted that the agreement on the division of inherited property regarding 2/9 shares among the instant real property between C and the Defendant was a fraudulent act and sought revocation and reinstatement.

4. The Defendant, E, and C filed an appeal against F on the division of inherited property regarding the instant real estate and the forest of Gangseo-si (U.S. District Court Decision 2011 Mohap3), and the Plaintiff participated in the case of appeal as a supplementary intervenor of C in the case of appeal

(A) The Defendant asserted that the instant lawsuit brought on December 24, 2013 should be dismissed by adding one year to the exclusion period, since he/she was aware of the grounds for cancellation on January 25, 2012, or on March 7, 2012, for which the Plaintiff filed a motion for intervention in the case of a petition for adjudication.

However, according to the evidence evidence Nos. 2, 9, and 11, it is recognized that the existence or content of the agreement on division of inherited property in the case of a petition for a trial was disputed, and the plaintiff is entitled to the agreement on division of inherited property with respect to the real estate in this case only after February 6, 2013, the date of the decision.

arrow