(영문) 청주지방법원 2017.11.15 2017나11422

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(영문) 청주지방법원 2017.11.15 2017나11422

사해행위취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: each "this court" in the 3th, 15th, 5th, 11 of the judgment of the court of the first instance shall be "court of the first instance"; each "this court" in the 4th, 15th, "the instant title trust agreement" shall be read as "the instant title trust termination agreement"; "not" in the 5th, 16th and "not" in the 4th and 8th, "the above" shall be read as "each evidence," and "each evidence," in the 7th and 12th," "the result of the request for appraisal by the appraiser G of the court of the first instance, the result of the order to submit taxation information on the request of the court of the court of the first instance," and "the result of the order to submit taxation information on the matters alleged by the plaintiff shall be added to the statement in the first instance court other than the reasons for adding the judgment as described below in the 420th paragraph (2).

(2) The court of first instance is just in finding facts and making a judgment, and there is no error as alleged in the ground for appeal by the plaintiff, even if the plaintiff's evidence Nos. 6 and 7-1 and 2 submitted by the court of first instance by the court of first instance to this court were added to the evidence duly admitted and examined by the court of first instance.

A. 1) The summary of the Plaintiff’s assertion is that the divorce between the Defendant and B is the most complicated, and the instant contract for the termination of title trust does not constitute a division of property following divorce. 2) Since the instant land and buildings are real estate acquired solely by their own ability, it does not constitute a division of property.

B. Determination 1) As to the Plaintiff’s claim on the part of the Plaintiff’s above A-A-1, a divorce by agreement provides that the existence of divorce by agreement shall be invalidated by reporting in accordance with the Family Court’s Act on the Registration of Family Relationship after obtaining confirmation from the Family Court on the existence of divorce intention. Thus, any special circumstance that anyone can understand should be recognized to be invalidated as a divorce by agreement.

참조조문

-민사소송법 제420조

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