The scope of compensation for value is calculated based on the current market price of the apartment that is not the right of sale.

and, even if the market price of the sale right of this case is calculated, a fraudulent act

The sale price paid up to the time is the unique exchange value of the sale right exceeding it.

It is alleged that the market price of the sale right should be calculated on the basis of the aggregate value of the value of the ‘fluor'.

C. However, as seen earlier, transfer of the sales right of this case between BB and the Defendant, which is a fraudulent act

The subject matter of the contract is not the apartment of this case, but part of the right to sell it.

on the basis of the value of the apartment in itself, it is not ordered to compensate for the value of the apartment in question.

such a property value as claimed by the Plaintiff includes a separate property value as

Since there is no evidence, this part of the Plaintiff’s assertion is difficult to accept.

3) If so, the contract between BB and the Defendant for the transfer of the instant sales right is within the scope of x members.

The defendant shall be revoked, and the defendant shall pay the plaintiff the value compensation of the x members and the date this decision becomes final and conclusive.

The damages for delay shall be paid at the rate of 5% per annum as provided by the Civil Act from the following day to the date of full payment.

"......"

3. Conclusion

If so, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is accepted.

The judgment of the court of first instance shall be dismissed on the ground that it is unfair for the court to conclude it differently.

The defendant's appeal partially accepted and the judgment of the first instance is modified as shown in the Disposition.

A. The sales right transfer contract concluded on December 12, 2014 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 between the Defendant and BB shall be revoked within the scope of x members.

B. The defendant shall pay to the plaintiff x members and the amount of 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of complete payment. The plaintiff's remaining claims are dismissed.

2. Of the total litigation costs, 90% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

On December 12, 2014, concluded between the Defendant and BB on December 12, 2014

The contract for the transfer of the right to sell shall be revoked within the scope of xx members. The defendant shall be revoked in the attached list to bB.

AAA shall express its intent to transfer the right to claim dividend payment as described in paragraph (2), and shall

The notification of the transfer of the right of Gu is made.

2. Purport of appeal

A. The plaintiff

The judgment of the first instance shall be modified as stated in the purport of the claim.

B. Defendant

The part against the defendant in the judgment of the first instance against the defendant shall be revoked and the plaintiff's claim corresponding to the revocation.

The dismissal is dismissed.

The reasoning for this Court’s reasoning is as follows, and this Court’s reasoning is consistent with the reasoning for the judgment of the first instance except for the dismissal as set forth in the following paragraph (2). Thus, this Court’s reasoning is acceptable in accordance with the main sentence of

2. Parts to be dried;

The reasoning of the judgment of the first instance court is as follows. A. Tax claims against the Plaintiff bb.

The Plaintiff determined and notified bB of the transfer income tax 13 cases, 1 global income tax, and 1 value-added tax, respectively, as listed below, but bB did not pay it, and bB did not pay xxx national taxes based on the total xxx members at the time of the closing of the instant argument.

Section 1-b of the reasoning of the judgment of the first instance court shall be as follows. BB entered into a contract on the apartment as stated in attached Table 1 (hereinafter referred to as the "multi-unit apartment of this case") with CCC Corporation on March 6, 2013. BB entered into a contract on the sale of the apartment of this case as stated in attached Table 1 (hereinafter referred to as the "multi-unit apartment of this case"). BB entered into a contract on December 12, 2014 with the Defendant, who is the spouse, to transfer the status of 99/100 of the apartment of this case on the sale contract of this case as to the share of 99/100 of the apartment of this case (hereinafter referred to as the "sale contract of this case").

○ Part 2-D. of the reasoning of the judgment of the first instance court shall be subject to the following modifications:

1) Where a contract for the transfer of the right of sale constitutes a fraudulent act, in principle, the entire contract for the transfer of the right of sale shall be revoked and the right of sale itself shall be restored. However, as in the instant case, where a beneficiary who received a donation of the right of sale has completed the registration of ownership transfer in the future based on the right of sale, it constitutes exceptional cases where the return of the original property is impossible or considerably difficult. Furthermore, as in the instant case, where the beneficiary who purchased the right of sale has paid the sale price additionally after the payment of the purchase price, the revocation of the entire contract and the order for restoration of the right of sale itself would result in a violation of equity and equity by ordering the recovery of the portion that was not the joint security of the general creditors. Accordingly, it is reasonable to revoke the fraudulent act within the scope of the market value

2) However, as seen earlier, bB, the debtor at the time of the contract for the transfer of the right to sell the instant apartment, was paying only x members, which is part of the purchase price of the instant apartment, and thereafter, the defendant who acquired the right to sell shares of 9/100 out of the said apartment pursuant to the contract for the transfer of the right to sell the said apartment, paid the total purchase price for the said apartment, and completed the registration of transfer of ownership therefor. Therefore, in light of the above legal principles, it is reasonable to order the defendant to restore the ownership to its original state by compensating for the value of the right to sell shares of 9

Furthermore, barring special circumstances, the market price of the right to sell shares of 9/100 of the apartment of this case among the apartment of this case shall be calculated as xx won (=xx won of the total sale price paid by bbb to xxx won x9/100) from among the sale price paid by bbb up to the time of the contract for the transfer of the right to sell the apartment of this case: Provided, That the scope of compensation for value should be calculated as at the time of the closing of argument at the fact-finding court, and as the defendant has already received the ownership of the apartment of this case,