사해행위취소.소유권이전등기말소등기
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After filing an appeal.
1. The reasoning for this part of the judgment of the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the court of first instance is cited as it is.
2. The summary of the Plaintiff’s assertion is that the conclusion of the instant trust agreement with the Defendant constitutes a fraudulent act detrimental to the Plaintiff, a creditor.
Therefore, the instant trust contract should be primarily revoked within the extent not exceeding KRW 12.2 million. The Defendant is obligated to restore to the original state following the revocation of the fraudulent act, thereby paying KRW 12.2 million to the Plaintiff. Preliminaryly, in the event that the instant real estate becomes a public sale of the real estate, the Defendant seeks the revocation and restitution of the remaining trust property distributed to the creditor in priority.
3. Determination
A. According to the above facts based on the existence of the preserved claim, the Plaintiff’s deposited money claim against E prior to the conclusion of the instant trust contract (as a judgment bond, hereinafter the same shall apply), and thus, the deposited money claim becomes a preserved claim subject to revocation of the fraudulent act.
B. The establishment of a fraudulent act refers to an act of causing damage to the creditor by reducing the debtor's active property or deepening the status of excess of his/her obligation by increasing the creditor's negative property, and an act of an obligor in excess of his/her obligation to offer real estate to any one of the creditors as a claim security constitutes a fraudulent act in relation to other creditors, barring special circumstances (see Supreme Court Decision 97Da10864, Sept. 9, 197). This legal principle equally applies to cases where a person liable to another person executes a trust contract with a third party on the real estate owned by him/her and accordingly transfers the said real estate to a third party, the trustee, barring any special circumstances.
The number of Nos. 1, 2, 11, 12, and 1 to 3, and 6 shall be the case.