사해행위취소
1. The part concerning the preliminary claim in the judgment of the first instance shall be revoked;
2. The plaintiff's first and second preliminary claims are respectively filed.
1. The Plaintiff, as the obligee in the first instance trial, sought the claim on April 1, 201 on the ground that the sales contract on April 1, 201 with respect to each of the real estate listed in the separate sheet between the Defendant and B (hereinafter “each of the instant real estate”) is a fraudulent act, as the obligee in the first instance trial.
As stated in paragraph (1), the cancellation of the above sales contract and compensation for the equivalent value as restoration of the original state shall be sought. On March 24, 2003, the first preliminary claim for the purchase and sale of each of the real estate of this case was made by false false representation of agreement, and thus, on the ground that the pre-sale contract of this case was null and void.
The provisional registration stated in paragraph (1) and the cancellation registration procedure of principal registration are sought, and the claim for the completion of each real estate of this case is sought by the second preliminary claim.
The provisional registration of the right to claim ownership transfer in the port was completed without going through the liquidation procedure prescribed in the Act on Security of Provisional Registration, etc., and without going through the liquidation procedure prescribed in the Act on Security of Provisional Registration, the registration of ownership transfer in the defendant's name was completed based on the above provisional registration, and the execution of the procedure for cancellation registration of the above provisional registration and the procedure for ownership transfer transfer registration based on the restoration of real name was sought on the ground that the registration is invalid. The court of first instance
On the judgment of the first instance court, only the defendant appealed against his losing part among the judgment of the first instance court, so only the first and second preliminary claims shall be considered to be the scope of the judgment of the court.
2. Basic facts
A. The Plaintiff’s claim 1) Mining Credit Union (hereinafter “Mining Credit Union”)
B) On August 27, 2001, the annual interest rate of 13.5%, 20% per annum, overdue interest rate of 20%, and 25,000,000 won due on August 27, 2002, the annual interest rate of 11% per annum on November 3, 2001, 200 per annum, 20% per annum of overdue interest rate of 20% per annum, and 250,000,000 won for each of them was set as November 3, 203.