사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance for the acceptance of the plaintiff's assertion is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of "after sale" in Part 16 of the reasoning of the judgment of the court of first instance, since it is the same as that of the judgment of the court of first instance, it
2. Additional determination as to the Plaintiff’s assertion
A. The contract title trust agreement on the instant real estate between the Plaintiff’s assertion and the Defendant B is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). The title trustee B, who is the title trustee, shall finally acquire the ownership on the instant real estate. The fact that the title trustee completed the registration of title transfer on March 23, 2016 to the Defendant, the title truster, the title trustee, on the premise that the title trust agreement is valid, was returned, and thus, is null and void pursuant to the Real Estate Real Name Act, and thus, the instant real estate is ultimately returned to B as the responsible property of the title trustee.
B. If the testimony of the first instance witness B added the purport of the entire pleadings, B demanded the return of the instant real estate after completing the registration of ownership transfer with respect to the instant real estate on September 8, 2015 by contract title trust with the Defendant, and it is recognized that the Defendant completed the registration of ownership transfer with respect to the instant real estate on March 23, 2016. It appears that B and the Defendant did not have any particular dispute over the instant real estate as to the transfer or thereafter.
According to the above facts, the existing contract title trust agreement between B and the Defendant, the title trustee, was invalid on March 23, 2016 and the legal relationship based thereon are settled.