사해행위취소
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim and objection corresponding to the revoked part is revoked.
1. The parties' assertion
A. The Plaintiff (1) has a loan claim of KRW 85 million against E.
(2) With respect to automobiles listed in the separate sheet (hereinafter “instant automobiles”) which are one’s own property under excess of debt, E reduced its property by creating the instant mortgage to the Defendant, who is the wife of the delegate of the E.
(3) Therefore, the mortgage contract of this case between E and the defendant should be revoked as a fraudulent act committed with the intent to harm the plaintiff, who is the creditor, and since the registration of the establishment of the mortgage of this case was transferred from the defendant L to the defendant and it was impossible to cancel the registration of the establishment of the mortgage of this case under the name of the defendant, the defendant is obligated to pay the plaintiff KRW 50 million equivalent to the secured claim of this case as a restitution.
B. The Defendant’s instant automobile is not a property owned by E, but merely a property registered as owned by E according to a land entry agreement with a land owner and a title trust agreement with a land owner.
However, in order to establish a mortgage against the defendant for the guarantee of the obligation owed by the land owner to the defendant, the establishment of the mortgage of this case has been completed in the future from E, the registered owner of this case, to the defendant. Thus, this does not constitute a fraudulent act against E's creditor.
2. Determination
A. In a case where: (a) between the owner of a motor vehicle and a passenger transport business operator; (b) externally, the owner of a motor vehicle (hereinafter referred to as a “land owner”) entrusts the name of the motor vehicle in his/her possession to a passenger transport business operator (hereinafter referred to as a “land owner”); and (c) the ownership and the right to manage operation of the said land belongs to the company in which the ownership and the right to manage operation are vested; and (d) in a case where the so-called “land entry agreement” was entered into with the owner of the motor vehicle to pay a certain amount of management fees to the land owner