소외 체납자는 피고인 동생에게 본인 소유의 부동산에 대하여 피고를 근저당권자로하여 실제로 존재하지않는 채권으로 계약체결한 행위는사해행위에 해당함[국승]
The act of the non-party debtor entering into a contract with the defendant as a collateral security holder on the real estate owned by him/her constitutes a fraudulent act.
The act of the non-party debtor entering into a contract with the defendant as a collateral security holder on the real estate owned by him/her constitutes a fraudulent act.
Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act
Gwangju District Court Netcheon-Support2017Gadan74624 De-mortgage
Korea
NewA
Pleadings without Oral Proceedings
September 21, 2017
1. The Defendant shall implement the procedure for registration of cancellation of the registration of establishment of a neighboring mortgage completed on April 30, 2014 by the receipt No. 0000 for each real estate listed in the separate sheet to Nonparty Newii.
2. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The primary purport of the claim is as stated in paragraph (1).
Preliminary Claim: As to each real estate listed in the separate sheet between the Defendant and Non-Party 2
On February 4, 2014, the mortgage contract concluded on February 4, 2014 was revoked, and the defendant shall list the attached list to the non-party
The procedures for registration of cancellation of registration of establishment of neighboring mortgage completed on April 30, 2014 by the receipt No. 0000 registry office of the Gwangju District Court shall be implemented with respect to each real estate entered in the register.
1. Indication of claims: It shall be as shown in attached Form; and
2. Applicable provisions;
Articles 208(3)1 and 257(1) of the Civil Procedure Act (Judgment without holding any pleadings)