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(영문) 부산지방법원 2019.07.10 2018가합452
사해행위취소및소유권이전등기말소등청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Inheritance relation 1) Net D following the death of the deceased D (hereinafter “the deceased”).

The deceased married with the deceased E on June 19, 1962, but the agreement was reached on June 19, 1962. The deceased is the deceased F (F on April 19, 198, hereinafter “F”).

(2) The Plaintiff is the sole heir of F.

3) On September 22, 2017, the Deceased died. At the time of the death, there was the Plaintiff (F’s substitute heir) and C with the deceased’s heir. B. A testamentary gift against C and registration related thereto by the Deceased, the Deceased owned, as real estate assets, the land Nos. 1 in attached Table 1 (hereinafter “instant G”) and the land Nos. 20.1 square meters in attached Table (hereinafter “instant land”), ② the Busan Jan-gu Busan, Busan, Busan, (hereinafter “H land”), and the attached Table Nos. 2 (hereinafter “instant building”).

2) On November 22, 2010, the Deceased bequeathed the instant G land and the instant building, among the above real estate assets, by means of a testament by a notarial deed under Article 1068 of the Civil Act (hereinafter “instant testamentary gift”). In addition, the instant G land and the instant building, which are the subject of testamentary gift, are collectively “the instant real estate”.

(3) On November 24, 2017, the registration of inheritance of the instant real estate was completed on the following grounds: (a) on November 24, 2017, 1/2 shares of the Plaintiff and C in each of the instant real estate (the date of receipt of the application for registration refers to the date of receipt of the application; and (b) on December 6, 2017, the registration was completed on December 8, 2017); and (c) on the Plaintiff’s inheritance shares on December 8, 2017, the registration of ownership transfer was completed in the future in the instant legacy.

C. The Defendant’s promise to purchase the instant real estate with C on December 8, 2017 (hereinafter “instant promise”) to purchase KRW 1.15 million between the Defendant and C on December 8, 2017 (hereinafter “instant promise to purchase”).

(2) On the same day, the Defendant entered into a provisional registration of the right to claim ownership transfer on the instant real estate based on the said trade reservation. (2) The instant real estate between C and C on December 14, 2017.

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