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(영문) 서울북부지방법원 2019.01.08 2018나32812
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except for the modification of first to fourth to fifth to fourth, the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The Defendant asserts that the division agreement in this case constitutes a renunciation of inheritance. The Defendant asserts that the division agreement in this case constitutes a waiver of inheritance, and thus, cannot be revoked as a fraudulent act. Although C was not inherited shares of the real estate in this case, as a result of consultation among inheritors, which led to economic effects, such as the renunciation of inheritance, the renunciation of inheritance is not simply made based on property consideration, but is a legal act under the identification law, taking into account the personal relationship between the decedent and the heir, and is subject to a family court's acceptance trial, and it differs from the inherited property division agreement, such as a third party's assertion of validity regardless of the registration. Thus, unless there is no evidence to prove that C filed a report on the renunciation of inheritance with the family court, the Defendant's argument in this case is without merit. 2) The Defendant asserts that the portion of the contributory portion in this case is not a fraudulent act, and thus, the Defendant did not constitute a part of the Defendant's share in this case's inheritance in this case.

The share of co-inheritors, unless it infringes on the legal reserve of inheritance, shall be in accordance with the designation of the inheritee by his will, and if there is no such will, it shall be in accordance with the legal share of inheritance, but the property from the inheritee.

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