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1. Following the Defendant’s counterclaim that the court changed in exchange:
A. Between the Plaintiff (Counterclaim Defendant) and C.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
The reasoning for this part of the reasoning is as follows: (a) the reasoning for this part of the judgment of the court of first instance is that “ September 7, 2012,” “ September 7, 2012,” “ August 17, 2012,” is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it shall be cited pursuant to the main sentence of Article 420 of
As to the claim of the parties in the principal lawsuit, the plaintiff renounced inheritance against the deceased's property, the compulsory execution based on the first and second orders of this case shall be denied against the plaintiff.
After the Defendant renounced inheritance on the deceased’s property, the Plaintiff transferred each of the instant real estate from the deceased’s successors, such as C and D.
This constitutes the concealment or fraudulent consumption of inherited property under Article 1026, Item 3 of the Civil Code, and the plaintiff is deemed to have granted a simple approval of the deceased's inheritance obligation.
Therefore, the plaintiff cannot request the refusal of compulsory execution based on the first and second decisions of this case on the grounds of renunciation of inheritance.
As to the counterclaim claim, where the waiver of the Plaintiff’s inheritance becomes effective (if the main claim is accepted), the Plaintiff purchased 3/15 shares and 2/15 shares of each of the instant real estate from C and D, and each of the above purchases should be revoked as it constitutes a fraudulent act.
Therefore, with respect to 3/15 shares and 2/15 shares out of each real estate of this case, the registration of transfer of ownership completed in the future of the plaintiff should be cancelled.
Preliminaryly, the Plaintiff’s simple acceptance of the deceased’s inheritance obligation (if the principal claim is dismissed), C and D have entered into an agreement on the division of inherited property with the content that waives the inheritance share of each real estate of this case, and such agreement shall be revoked as it constitutes a fraudulent act.
Therefore, as to the portion corresponding to C’s share of 3/21 and D’s share of each of the instant real estate, registration of transfer of ownership in the future of the Plaintiff is completed.