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Case Number of the immediately preceding lawsuit
Suwon District Court-2016-Ban-536073 (24 May 2016)
Title
Revocation of Fraudulent Act
Summary
(1) The joint security against general creditors was reduced by a debtor in excess of his/her share of inheritance regarding the land of this case while holding a division agreement of this case. Thus, barring any special circumstance, the division agreement of this case constitutes a fraudulent act against other creditors.
The contents of the judgment are the same as the attachment.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2017Na67261 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
L*** Country1
Conclusion of Pleadings
April 13, 2018
Imposition of Judgment
May 9, 2018
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim
As to the shares of 2/9 of the real estate Nos. 1 and 2 in the Schedule
A. The agreement on division of inherited property concluded on May 1, 2015 between Defendant AA and BB shall be revoked.
B. Defendant AAA shall implement the registration procedure for ownership transfer on the ground of restitution due to revocation of fraudulent act to BB.
2. As to shares in 2/9 out of 3 real estate listed in the separate list:
A. The agreement on division of inherited property concluded on May 1, 2015 between Defendant CCC and BB is revoked.
B. Defendant CCC shall implement the registration procedure for ownership transfer on the ground of restitution due to revocation of fraudulent act to BB.
Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim against the defendants is dismissed in entirety.
Reasons
1. Quotation of judgment of the first instance;
The court's reasoning for this case is the same as that for the judgment of the court of first instance. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. Conclusion
Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed as it is without merit, and it is so decided as per Disposition.