사해행위에 해당하므로 소유권이전등기의 말소등기 절차를 이행할 의무가 있음[국승]
Since a fraudulent act constitutes a fraudulent act, there is a duty to implement the registration procedure for cancellation of ownership transfer registration.
The sales contract of this case shall be revoked as a fraudulent act detrimental to the plaintiff, who is a general creditor, and as a result, it is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case as to each real estate of this case.
2013 Gohap4967 Revocation of Fraudulent Act
Korea
Section AA
October 17, 2013
November 7, 2013
1. A. A. The sales contract concluded on December 15, 2011 between the Defendant and Nonparty B (OO-O-OOO-OO-OO-OO-O-O-O-O-O-O) is revoked.
B. The Defendant shall implement the procedure for cancelling the registration of cancellation of ownership transfer, which was completed by the receipt No. 53845 on December 22, 2011, with respect to each real estate listed in the separate sheet to Nonparty B by Nonparty B.
2. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Facts of recognition;
A. The director of the tax office affiliated with the Plaintiff notified the sub-B of the value-added tax to the sub-B operating the "CC metal" as follows:
Items of Taxation
Reversion Year
Date of establishment of tax liability
Deadline for payment
Notice Amount
Value-added Tax
209
December 31, 2009
January 30, 2012
OOOE
Value-added Tax
2010
June 30, 2010
February 6, 2012
OOOE
Value-added Tax
2010
December 31, 2010
February 6, 2012
OOOE
Total
OOOE
B. On December 22, 2011, when the so-called “B” did not pay taxes notified as above, the Daejeon District Court completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on the ground of the “sale on December 15, 2011,” each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that is the only real estate for the Defendant, who is a convict, on December 22, 201.
C. At the time of December 15, 201, which was the date when a sales contract was concluded based on the registration of transfer of ownership in this case
In addition to the above paragraph (a) of this Article, the Sub-B bears the obligation of the total amount of loans, etc. from the non-party DD cooperatives (i.e., the KRW OO + the KRW OOO). However, while the value of each real estate of this case, which is the sole property, was merely the KRW OO (=the KRW 1. POOO on the attached sheet + the KRW 2. on the attached sheet), the value of each real estate of this case was merely the KRW 1. on the attached sheet and was in excess of the obligation.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings
2. Determination
According to the above facts of recognition, the sales contract between BB and the defendant on December 15, 201 shall be revoked as a fraudulent act detrimental to the plaintiff who is a general creditor. Accordingly, the defendant shall be obligated to implement the procedure for cancellation of ownership transfer registration of each of the instant real estate to the smallB.
3. Conclusion
Thus, we decide to accept the plaintiff's claim.