통정허위표시 및 사해행위취소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation concerning this part of the facts is as follows: “E, the husband of Plaintiff B, is the husband of the first instance court; “The instant real estate” of the first instance court No. 12, i.e., “E,” and “The real estate of this case,” of the fourth and sixth, divided from the instant real estate held in title trust (hereinafter “instant real estate”) are the same as the corresponding part of the judgment of the first instance (No. 2, No. 12 through No. 5, No. 5, of the first instance court’s judgment) except for the case where “The real estate of this case,” and “The real estate of this case,” of the first instance court No. 420
2. Determination
A. The Plaintiff’s assertion (1) as the Plaintiff purchased the instant title trust real estate from I and held title trust with N, the registration of ownership transfer in the name of N is null and void.
(2) N entered into the instant sales contract with Q, etc. with respect to the instant real estate held in title trust without the consent of the title truster, the Plaintiff, etc., and completed the registration of ownership transfer in the name of the Defendants on the instant real estate.
Such voluntary disposal of the title trust real estate by the title trustee N constitutes an act of worship against the Plaintiff, etc., the title truster, and Q, etc., the purchaser, actively participated in the purchase of the title trust real estate.
Therefore, the instant sales contract is null and void as an anti-social legal act under Article 103 of the Civil Act, and the registration of transfer of ownership in the name of the Defendants is also null and void.
(3) Even if the instant sales contract does not constitute an anti-social legal act, the actual purchaser of the instant sales contract is Q. The Defendants are only the title trustee who lent only their names according to the title trust agreement with Q.
Even if the Defendants were included in Q and 7 persons indicated as buyers in the instant sales contract, the remaining buyers, other than the Defendants, are included in the registration of share ownership in the name of the Defendants as to the instant real estate.