사해행위취소 등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff filed an application for a payment order against Daeyang C&C Co., Ltd. for the payment order of KRW 236,93,93 at this court, 236,936,267, and delay damages therefor. The said court ordered the payment order on March 26, 2015, and the said payment order was finalized on September 16, 2015 and June 26, 2015 for Daeyang C&C Co., Ltd.
B. On April 28, 1994, D, the Defendant, acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) on April 28, 1994, and C, the land owner of D, when the voluntary auction procedure was conducted, was awarded a successful bid on May 29, 2002.
After July 28, 2016, C entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”), and completed the registration of ownership transfer with respect to the instant real estate on July 29, 2016 to the Defendant.
After that, on April 11, 2017, the right to collateral security was created, which caused creditors D, the debtor, the maximum debt amount of 70 million won, regarding the instant real estate, and was cancelled on April 26, 2017.
C. Meanwhile, the Defendant, as a child of B, performed military service as a private soldier from October 21, 2014 to July 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion B concluded a title trust agreement with the Defendant on the instant real estate, and completed the registration of ownership transfer on the instant real estate under the name of the Defendant C, which constitutes an intermediate omitted type title trust.
However, the title trust agreement between B and the Defendant is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, the Plaintiff, a creditor of B, seeks implementation of the procedures for the registration of ownership transfer based on unjust enrichment return to the Defendant by subrogationing B and C in the preliminary order, and cancelling the registration of ownership transfer under the name of the Defendant.