채무초과 상태에서 이 사건 아파트를 피고에게 양도한 행위는 다른 특별한 사정이 없는 한 사해행위에 해당함[국승]
Seongbuk-2013-Gab-208097 ( October 08, 2014)
The act of transferring the apartment of this case to the defendant under excess of debt constitutes a fraudulent act unless there are other special circumstances.
The sales contract of this case is wholly revoked as it constitutes a fraudulent act and its restitution accordingly, and the defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the plaintiff.
Article 30 of the National Tax Collection Act
2014Na14815
Korea
IsaA
Suwon District Court 2013Gadan208097
November 20, 2014
December 19, 2014
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
A sales contract concluded on December 8, 201 with respect to the real estate stated in the separate sheet between the Defendant and the NoB shall be revoked. The Defendant will implement the procedure for registration of cancellation of ownership transfer registration, which was completed on December 9, 201 by the ○○ District Court ○○○ Branch ○○ Branch ○○ Branch ○○ Branch ○○ ○000 regarding the real estate listed in the separate sheet, to the Nowon.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The reasoning of this court's explanation concerning this case is that "the claim of No. 5 of the first instance judgment No. 7" is dismissed as "the claim of No. 16", "No. 16 of the 7th instance judgment No. 9", "No. 16 of the 7th instance judgment", "No. 16 of the 7th instance judgment", and "No. 16 of the 7th instance judgment", and "no. 16 of the 7th instance judgment" are added, and "no. 9 of the 8th instance judgment" is added, and "no. 9 of the 9th instance judgment" as "no. 15 of the 9th judgment", and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.