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(영문) 수원지방법원 2020.01.15 2018나77494

사해행위취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit seeking divorce and division of property against C (U.S. Family Court 2016Reuuuu4111 (principal lawsuit), and 4128 (Counterclaim) with the judgment that “C shall pay to the Plaintiff 123 million won as property division and 5% interest per annum from the day following the day on which this judgment became final and conclusive to the day of full payment.” The above judgment became final and conclusive on January 19, 2018.

B. On November 4, 2005, I and J completed the registration of ownership transfer with respect to 1/2 shares of the instant real estate on November 4, 2005, and on September 13, 2013, E completed the registration of ownership transfer with respect to the instant real estate.

In addition, Co., Ltd. completed the registration of ownership transfer on October 22, 2013, and C completed the provisional registration of this case made on February 2, 2017 under the name of the defendant for the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 10, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff C’s act of entering into a pre-sale agreement with respect to the instant real estate, which is the only real estate in excess of debt, constitutes a fraudulent act against the Plaintiff, which constitutes a creditor, and thus, the pre-sale agreement of this case should be revoked, and the Defendant is obligated to implement C’s procedure of cancellation registration of the provisional

B. The instant real estate held by the Defendant under title trust only with the land purchased by the Defendant, and thus, it does not constitute C’s responsible property. Thus, the instant promise to sell and purchase the instant real estate does not constitute a fraudulent act.

3. Determination

A. If the debtor completed the registration of ownership transfer under the name of the title trustee pursuant to the so-called three-party title trust agreement, the main text of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name is applied, and thus the above real estate is null and void, and thus, the debtor’s general creditors are not owned.