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(영문) 서울중앙지방법원 2021.01.27 2018가합555794
사해행위취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. This building was constructed on the first floor, the second floor neighborhood living facilities and the housing (hereinafter “the instant building”) registered as the co-ownership of G (3/8 shares), H (3/8 shares), and I (1/4 shares), and the second floor neighborhood living facilities and the housing (hereinafter “the instant building”) registered as the co-ownership of J 700.3 square meters in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, and its neighboring Kgi 694 square meters (hereinafter collectively referred to as “instant land”).

On November 21, 1994, G (650/1356.12 equity), H (678.06/1356.12 equity) and I (28.06/135.12 equity equity) have been registered for the preservation of ownership on the instant building.

B. G on November 25, 1994, on the part of the instant building, G completed the transfer registration as to the portion under I’s name 28.06/1356.12.

Accordingly, G’s shares on the instant building were the same as H’s shares (678.06/1356.12 shares 650/1356.12 shares).

(c)

H on June 28, 1996, with respect to the one-eight share in the name of G in the instant land, the registration of transfer was completed on the ground of the nominal trust.

Accordingly, G’s share in the instant land was changed to 1/4 shares (3/8 shares - 1/8 shares), and H’s share was changed to 1/2 shares (3/8 shares).

(d)

L on January 21, 1997, with respect to one-fourth share of the land in this case, the registration of transfer was completed on the ground of trust termination.

E. M completed the registration of transfer on February 26, 2008 on H’s share in the instant land and building due to legacy.

Accordingly, M acquired 1/2 of the instant land and 678.06/1356.12 of the instant building.

F. On January 29, 2010, the Plaintiffs completed the registration of transfer made by Plaintiffs A, B, and D for their respective shares in the instant land and buildings, 3/8 shares, and 1/8 shares in each of the instant land and buildings, respectively.

As a result, Plaintiff A and B shall hold 3/16 shares (1/2 shares x 3/8 shares) in each of the instant lands and shares (678.06/1356.12 shares x 3/8 shares) in 254.2725/1356.12 shares (6/1356.12 shares x 3/8 shares), and Plaintiff C and D shall hold 1/16 shares (1/2 shares x 1/2 shares x 1/8 shares) in each of the instant lands and hold 84.75/135/1356.12 shares (6/1356.12 shares) among the instant buildings (678.06/135.12 shares x 1/8.8.

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