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(영문) 부산고등법원 2016.06.15 2015나3303
사해행위취소
Text

1. According to the change of claim in the party trial, the defendant shall pay the plaintiffs the amount of 308450/5040/509 out of 496,306§³ in Yangsan-si.

Reasons

1. Basic facts

A. E owned the instant real estate. On April 11, 2008, upon entering into a pre-contract for sale and purchase of the instant real estate with the JJ on April 11, 2008, Ulsan District Court Yangsan District Court’s registration office No. 17463, Apr. 11, 2008, completed the provisional registration of the right to claim transfer of the entire share based on the said pre-contract (hereinafter “provisional registration of this case”).

B. On March 24, 2009, the Defendant’s Intervenor (hereinafter “ Intervenor”) received the right to provisional registration of this case from J on March 24, 2009, and completed the supplementary registration of provisional registration under the name of the Defendant, who was his/her spouse, as of March 25, 2009, based on the foregoing transfer No. 12949 (hereinafter “the provisional registration of this case”).

C. After that, E died on November 8, 2012. As of November 7, 2012, the sales and sales contract on the instant real estate with the purport of having a seller as the defendant, the purchaser as the defendant, the purchaser as the defendant, and the certificate of personal seal impression issued by K as its agent was prepared respectively.

K obtained on November 9, 2012 a certificate of personal seal impression for real estate sale with the Defendant as the buyer from the Ldong head of Yangsan-si. A certified judicial scrivener M completed the principal registration based on the provisional registration (hereinafter “instant registration”) under the name of the Defendant on his behalf with the above sales contract and certificate of personal seal impression, etc. on November 9, 2012, Ulsan District Court Yangsan-si registry office received on November 9, 2012, as the above provisional registration (hereinafter “instant registration”). The grounds for registration were stated as the sale on November 7, 2012.

On the other hand, the date of preparation of confirmation documents for the preparation of certified judicial scrivener M, attached at the time of the application for the registration of this case, shall be November 9, 2012, and the form immediately before the death of E is specified in the item column of the special engineer.

E. His/her heir, E, the first heir, renounced his/her inheritance, and as his/her mother, the co-defendant B of the first instance court, the second heir, filed a report on the inheritance approval with the Ulsan District Court 2013Hun-Ma28, on February 19, 2013.

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