beta
(영문) 수원고등법원 2020.09.17 2019나12110

사해행위취소

Text

1. All lawsuits filed by the court as to the plaintiff's primary claims added by this Court shall be dismissed.

2. All of the Plaintiff’s appeal.

Reasons

1. The reasoning for this part of the basic facts is as follows, except for cases where the court uses or deletes the basic facts as follows, and thus sees it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "Real Estates listed in attached Forms 1 through 7" in attached Forms 4 and 21 and 5 of the first instance judgment shall be added to "each Real Estate listed in attached Tables 1 through 4".

Part 3 through 5 of the fifth Table in the judgment of the court of first instance shall be deleted.

2. The plaintiff's assertion

A. The former trustee related to the instant trust (former trustee) originally had the beneficiary G and the new trustee F with the above trust-related trust costs and the trust fee claims against the beneficiary G and the new trustee of the instant trust.

The Plaintiff separateed from the transfer of the trust expenses related to the instant trust to K and the trust fee claims equivalent to KRW 28 billion among the trust expenses and the trust fee claims to K through the public sale procedure and the instant transfer contract (hereinafter “instant public sale claim”), and separately received a separate transfer of the trust expense and the trust fee claims equivalent to KRW 28 billion among the trust expense and the trust fee claims to K’s new trustee F in an indivisible or non-joint relationship with the former trustee.

However, the aforementioned G, F and the Defendants are pretended to have concluded the instant mortgage contract and each purchase and sale promise between the above G, F and the Defendants with a view to preventing creditors from compulsory execution by conspiracy, and the Defendants are presumed to have been genuine. The Defendants against each of the instant real estate under the Defendants’ name as to the registration of establishment of a false mortgage [the registration of establishment of a new collective security (the registration of establishment of a new collective security that was completed on May 24, 2016 with respect to each of the instant real estate by the Suwon District Court, Sungnam Branch Branch of the District Court (hereinafter “the registration of establishment of a new collective security”) and the provisional registration of the right to claim a transfer of ownership.