사해행위취소
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 1, 2007, the Defendant’s female couple D and C, the husband of his female, entered into a contract to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) from E on September 1, 2007 (hereinafter “instant purchase contract”) with KRW 785 million on September 1, 2007, and completed the registration of ownership transfer as to each of 1/2 shares on November 14, 2007.
B. On January 4, 2019, D and C entered into a contract to sell the instant real estate in KRW 700 million to the Defendant (hereinafter “instant sale contract”). The Defendant completed the registration of the entire co-owner’s share transfer on February 18, 2019 by the Suwon District Court Registry of portwon District Court No. 22864.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
2. While the Plaintiff asserts that the instant sales contract constitutes fraudulent act or is a false conspiracy to evade compulsory execution, the Defendant asserts that the instant real estate held in title trust is not included in C’s responsible property because it is the real estate that held in title trust.
3. Determination
A. The distinction between whether a title trust agreement is a three-party registered title trust or a contract title trust is a matter of determining who the contracting party becomes a title trustee.
Even if a contracting party can be seen as a title truster, it will be a three-party registered title trust.
Therefore, if it is recognized that a contract is concluded with the intention of directly reverting the legal effect of the contract to the title truster rather than the title trustee, the title truster is the contracting party. Therefore, the title trust relationship in this case should be deemed as a three-party registered title trust.
(see, e.g., Supreme Court Decision 2010Da52799, Oct. 28, 2010). Meanwhile, the debtor is a title trustee under the so-called middle omission registration type title trust or the third party title trust agreement with regard to real estate.