소유권말소등기 등
1. The appeal by the defendant C Co., Ltd. shall be dismissed;
2. Of the judgment of the court of first instance, the plaintiffs' list 1.
1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the first instance, except where the court adds the following judgments to the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. As to the legitimacy of the appeal filed by the above defendant C Co., Ltd., it is clear that the above defendant appealed against the judgment of the court of first instance and appealed against the trust agreement concluded on November 22, 2013 with the defendant B, on the premise that the debtor himself/herself is the other party to the claim for revocation of the fraudulent act.
However, in the lawsuit of revocation of a fraudulent act, only the beneficiary can be the other party, and the debtor cannot be the other party, and even according to the judgment of the court of first instance, only the above defendant B who is not the debtor is issued the judgment of revocation.
Therefore, it cannot be deemed that the plaintiff sought revocation of fraudulent act against the above defendant, and there is no such revocation judgment against the above defendant among the judgment of the court of first instance. Therefore, the above defendant has no interest in appeal against the above part.
Ultimately, the above defendant's appeal cannot be exempted from rejection due to its illegality.
3. In a case where a creditor has filed a lawsuit against a beneficiary seeking cancellation or restitution of a fraudulent act on the ground of a debtor's fraudulent act on the ground of the debtor's fraudulent act on the attached list Nos. 1, 9, and 10, and the creditor has returned to the debtor due to the cancellation or termination of the fraudulent act while the lawsuit is pending, unless there are special circumstances, the creditor's revocation lawsuit has already been initiated and the benefit of protecting the right is no longer secured by the lawsuit, and the return of the real estate which is the object property has the form of cancellation of the registration of the transfer.