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(영문) 수원지방법원 2016.11.02 2016가단7247
소유권이전등기이행
Text

1. The Defendant and Nonparty C as of April 23, 2015 on share 2/11 of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C, while borrowing KRW 160 million from the Plaintiff in 201, he/she failed to pay the loan amounting to June 20, 2012, which was written by the Plaintiff on June 20, 2012, and the Plaintiff applied for a payment order against C seeking a loan amounting to KRW 2015j1494, and on October 14, 2015, C received an order from the above court to pay the Plaintiff the amount of KRW 160,000,000 and the damages for delay calculated at the rate of KRW 20% per annum from July 1, 2012 to the full payment. The above payment order was finalized on November 6, 2015.

B. The deceased’s father D (hereinafter “the deceased”) died on April 2015, and the Defendant, children, Nonparty E, C, and F, who were the spouse, and the deceased heir H et al. of J in South and North Korea, jointly inherited the property.

C. On April 23, 2015, the deceased’s heir made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to the real estate listed in the separate list owned by the deceased (hereinafter “instant real estate”). Accordingly, the Defendant completed the registration of the transfer of ownership on December 15, 2015 under the sole name as to the instant real estate.

C was the sole property of the instant real estate at the time of the instant agreement on the division of inherited property, and there was no special property up to now.

[Ground of recognition] Facts without dispute, Gap 1-10 each part of the pleading, the purport of the whole argument

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff’s loans to C constitute the preserved claim of the obligee’s right of revocation.

B. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon the commencement of inheritance as a single ownership by each inheritor, or performing it as a new co-ownership relationship.

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