사해행위취소, 소유권이전말소등기절차이행
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for a judgment of the first instance shall be quoted by this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;
However, the judgment on the plaintiff's assertion shall be added as follows.
2. Additional determination
A. The plaintiff asserts that the court of this case is also a malicious beneficiary who purchased the apartment of this case with knowledge that the sales contract of this case with D is a fraudulent act.
B. Since the beneficiary's bad faith in a lawsuit seeking revocation of fraudulent act is presumed to be the beneficiary's bad faith, in order to be exempted from his/her liability, the beneficiary's good faith shall be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the relationship between the debtor and the beneficiary, the circumstances or motive leading up to the act of disposal between the debtor and the beneficiary, the circumstances leading up to the act of disposal, the existence of objective data supporting the act of disposal as a normal transaction, and circumstances after the act of disposal, etc.
(See Supreme Court Decision 2007Da74621 Decided July 10, 2008, etc.). According to the overall purport of the statements and arguments made by the Defendants 5 and 12, the Defendants and D have concluded a sales contract with respect to the instant apartment on November 13, 2013, the provisional attachment and attachment registration and the establishment registration of the neighboring mortgage have been completed on the register of the apartment of this case at the time of entering into the sales contract with respect to the instant apartment of this case, and the sales contract of the instant apartment of this case must be cancelled simultaneously with the contract. The provisional attachment and attachment, etc. due to the seller (D) after the registration of transfer of ownership, are to be canceled at the same time with the contract. It is recognized that there is a special stipulation that the seller bears the responsibility of the seller and the settlement thereof.
However, the contents and the whole purport of arguments are as follows: 4-6, 8, 9, 13-19, 27, 28, and 29.