사해행위취소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article
However, the following judgments are supplemented as to the grounds for appeal by the Defendants.
2. Supplementary judgment
A. The Defendants’ grounds of appeal are three-party title trust made between the title truster (Defendant A), the title trustee (C) and the seller (party L who entered into a contract for the sale and purchase (transfer) of the right to sell real estate (hereinafter “the instant real estate”) and the consent or consent of the MNN Housing Association (hereinafter “Non-Party Association”) on the right to sell real estate (hereinafter “the instant real estate”) and the succession of rights and obligations arising therefrom, and a title trust agreement entered into between Defendant A and C pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name is null and void, and the registration of ownership in C’s name is not a liability property provided for joint security by ordinary creditors of the instant real estate.
In addition, the act of completing the registration of ownership transfer under the name of the Defendants with respect to the instant real estate on October 30, 2017 is not only the actual owner of the said real estate and the performance of the obligation to return to Defendant A, the title truster, but also the valid registration consistent with the substantive relationship, and not the fraudulent act.
B. Where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name applies to real estate 1, and the registration of ownership transfer in the name of the debtor who is the title trustee is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed that it is the debtor’s liability property provided to the general creditors’ joint security. Even if the debtor entered into a sales contract with a third party on the real estate and completed the registration of