사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by each person;
Where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter referred to as the “Real Estate Real Name Act”) applies to real estate, and the registration of transfer of ownership in the name of the debtor who is a title trustee is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed as a responsible property provided to the joint collateral for the general creditors of the debtor. Even if the debtor concludes a sales contract with a third party on the real estate or completes the registration of transfer in the form of transfer to a title truster, it cannot be deemed as a result of a decrease in the debtor’s responsible property. Thus, it cannot be deemed as a fraudulent act detrimental to the debtor’
(See Supreme Court Decisions 99Da55069 Decided March 10, 200, 2005Da54104 Decided December 27, 2007, and Supreme Court Decision 2007Da74874 Decided September 25, 2008, etc.). As to the real estate listed in the separate sheet (hereinafter referred to as the “real estate of this case”), the apartment sales contract was prepared on July 18, 2007 with regard to the seller’s, seller’s agent D, buyer B, and real estate broker E.
[B] The sales contract of this case is 1; hereinafter referred to as the sales contract of this case). The sales price is 84 million won, 5 million won out of the down payment of 10 million won, and the remaining 5 million won on the date of the contract, and the remaining 74 million won on the following day, and the remaining 74 million won on August 14, 2007, respectively.
At the time, on January 25, 2007, the registration of the establishment of the right to lease on a deposit basis of KRW 47 million was made in the name of the person having the right to lease on a deposit basis in F of the person having the right to lease on a deposit basis (A 2) but the buyer agreed to succeed to the said right
[B] The second condition of the special agreement is that the buyer has to pay 37 million won to the seller (=84 million - 47 million won). Accordingly, the buyer has to pay 37 million won to the seller.
At the time of the conclusion of the instant sales contract, the seller and his agent are D.