사해행위취소
1. Of the judgment of the first instance court, the part against Defendant C in the judgment is modified as follows:
Defendant C and Defendant B.
1. The reasoning for the court’s explanation concerning the claim against Defendant B is as stated in the part of “1. Claim against Defendant B” in the judgment of the court of first instance, and thus, this part is cited by the text of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion 1) The Plaintiff is the Defendant B’s obligation to borrow the loan to the Plaintiff as set forth in the above 1. Paragraph (1) (hereinafter “instant loan obligation”).
(2) As there is a concern that compulsory execution is likely to be carried out by the Defendant C, the instant land shall be the same as the Defendant C, and the subsequent division of property shall be divided by division of property, Kimhae-si, 2147.8 square meters (hereinafter “instant land”).
2) On the part of the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff were the Plaintiff.
As to Defendant C’s each registration of transfer of ownership under Defendant C’s name is completed, the division of property based on the most separated divorce constitutes false representation, and even if that is not so, even if Defendant C bears the loan obligation against the Plaintiff, it constitutes a fraudulent act, and the above division of property results in excess of the obligation by completing the registration of transfer of ownership on the instant land and H land with the division of property according to divorce, and thus, Defendant C should cancel the registration of transfer of ownership on the instant land through the cancellation of invalid registration or the cancellation of fraudulent act. 2) Accordingly, Defendant C has to pay back the registration of transfer of ownership due to the reason that Defendant C’s investment in the new apartment sale business of Samchi Civil Construction, thereby making it impossible to continue the marital relationship any longer, and the instant land and H land do not constitute a fraudulent act as they were transferred as a legitimate division of property upon liquidation with Defendant C with Defendant B.
B. Determination 1 is the most complicated and registration of ownership transfer due to false representation in collusion.