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(영문) 인천지방법원 2017.10.26 2017가단230122
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s claim amounting to KRW 41,338,593 and KRW 26,604,955 of the Plaintiff’s claim amounting to KRW 24% per annum from December 2, 2013 to the date of full payment is preserved right. The Plaintiff’s conclusion a contract for the division of inherited property with the content that B disposes of the shares of the Plaintiff’s inheritance among the instant real property, constitutes a breach of understanding that it constitutes a contract for the division of inherited property with the content that B disposes of the shares of the Plaintiff’s inheritance to the Defendant.

A renunciation of inheritance shall take effect retroactively from the time the inheritance commenced (Article 1042 of the Civil Act), and the person who renounced shall have never been the inheritor.

Therefore, the agreement on the division of inherited property between the remaining co-inheritors except those who have not yet filed a report on the renunciation of inheritance or have not yet been accepted by the court shall be valid retroactively because the report on the renunciation of inheritance has been legally accepted and the effect of the renunciation of inheritance has occurred after the agreement on the division of inherited property has been accepted.

In addition, the renunciation of inheritance is not subject to the revocation of fraudulent act because it does not correspond to the "legal act on property rights" under Article 406 (1) of the Civil Code.

(See Supreme Court Decision 201Da29307 Decided June 9, 201). The instant real estate was owned by the network C in full view of the health class, Gap evidence 5-1, and Eul evidence 2 as to the instant case’s health class, Eul evidence 5-1, and the overall purport of the pleadings. On May 24, 2016, the Incheon Family Court reported the renunciation of inheritance as to the inheritance of the real estate to which the deceased Eul was the deceased deceased under 2016Ra1439, and on June 8, 2016, the above renunciation of inheritance was accepted. The Defendant agreed upon division with D, a co-inheritors, and completed the registration of ownership transfer solely with respect to the instant real estate on June 17, 2016. The instant real estate did not have been a responsible property of B, and B was a party to the division agreement, and either the instant real estate or its among the parties.

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