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(영문) 서울서부지방법원 2017.03.23 2016가단24980
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (1) The instant real estate was owned by D, and the registration of ownership transfer was made in the future E on the grounds of “sale as of May 21, 2004” on the ground of “sale as of May 21, 2004,” and thereafter on June 27, 2012, the registration of ownership transfer (hereinafter “registration of ownership transfer”) was made in the F future on the grounds of “sale as of May 20, 2012.” (2) The Defendant, C, and G, who were the deceased’s children on February 13, 2016, become coinheritors, and thereafter became final and conclusive among the above inheritors, and the judgment of the court of Gwangju rendered a favorable judgment against the Plaintiff on June 24, 2016 including the Plaintiff’s ownership transfer registration of the instant real estate in the first instance on the grounds of “No. 1/3 as of June 24, 2016, the Plaintiff’s allegation that the instant real estate was solely owned by the Defendant, and the Plaintiff No. 25151.

2. The parties' assertion and judgment

A. (1) The Plaintiff asserts that the agreement division of inherited property as of February 13, 2016, which was made on February 13, 2016 that C had the Defendant own 1/3 of the shares in inheritance regarding the instant real property in excess of debt, constitutes a fraudulent act detrimental to the Plaintiff, a creditor, and sought the cancellation of the agreement division of inherited property and the cancellation of the ownership transfer registration under the name of the Defendant.

(2) For this, the Defendant purchased the instant real estate from D and held title trust in the future E or F, and the share of which is C’s inherited property or liability property.

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