beta
(영문) 서울고등법원 2016.03.25 2015나2040836

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

Basic Facts

A. L around April 6, 2009: (a) concluded a sales contract with Suwon Comprehensive Construction Co., Ltd. (hereinafter “water mine construction”); and (b) concluded a sales contract with 20 households out of 101,000, 200,000 (hereinafter “the apartment of this case”) newly constructed on the land other than 1, e.g., e., Leecheon-si, to purchase for KRW 100 million among the 101,00,000 and paid

B. However, over August 13, 2009 and August 18, 2009, the ownership transfer registration was completed in the R, respectively, with respect to 407, 607, 807, 808, 907, 1107, and 1207 among the apartment of this case, and 908, in the P, Q, 507, 707, and 807, respectively.

C. On October 6, 2009, the Plaintiff, a creditor of Suwon District Court, was issued a provisional disposition on the prohibition of disposal for the cancellation of ownership transfer registration on the ground of the revocation of fraudulent act by the court 2010Kadan890 on June 10, 2010 and completed the registration on the same day. The Plaintiff, a creditor of Suwon District Court 2009Kadan181 on October 6, 2009, as to the apartment of this case, 407, 607, and 1207 among the apartment of this case.

Then, with respect to O, Q, and P, the Plaintiff filed a lawsuit seeking cancellation of the above ownership transfer registration in subrogation of L on the ground that each of the above registration of ownership transfer with respect to some of the apartment units of this case was made by a false agreement (the principal claim) or a false title trust (the preliminary claim) with respect to the above apartment units of this case, and received the judgment accepting the conjunctive claim from the appellate court (Seoul Southern District Court 2010Na10516) on May 17, 2012. On May 17, 2012, the Plaintiff filed a lawsuit seeking cancellation of the above ownership transfer registration on the ground that each of the above registration of ownership transfer with respect to some of the apartment units of this case was completed by the false agreement (the principal claim) or the fraudulent act (the preliminary claim) with the Seoul Western District Court 2010Da36042.