사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why the court of the first instance as to this case is to describe are as follows: (a) the third party’s “establishment of a collateral security” of the first instance judgment is changed to the “registration of ownership transfer”; (b) the third party’s “the third party’s “the third party’s property” is deleted; and (c) the fourth party’s “10,000,000 won of the above obligation to the Plaintiff and the loans to Nonparty G” is changed to the “negative recognized below”; and (d) the part additionally claimed by the Defendant is identical to the corresponding part of the first instance judgment’s reasoning, except for the addition of the part claimed by the Defendant in this court, it is so accepted pursuant to the main sentence of Article 420 of
2. Additional parts
A. The gist of the Plaintiff’s assertion is that the Plaintiff has the right to subrogate D, since he/she repaid the loan to D.
B The act of disposing of the instant building constitutes a fraudulent act, and thus, the aforementioned fraudulent act should be revoked, and the Defendant is obligated to implement the procedure of cancellation registration of the instant registration to the original state.
B. Determination 1) In a case where a person who has a legitimate interest in the repayment of an obligation on behalf of the obligor pays the obligation on behalf of the obligee, the obligee is entitled to exercise the obligee’s right of revocation on behalf of the obligor, and in such a case, the obligee is naturally subrogated to the obligee pursuant to Article 481 of the Civil Act. In such a case, the obligee’s right of reimbursement and the right of subrogation are separate rights (see Supreme Court Decision 2005Da32418, Feb. 26, 2009). As long as the obligee’s right of reimbursement has been established prior to the act of fraudulent act, in a case where the obligee who has a legitimate interest in the payment on behalf of the obligor, has transferred the claim to the obligee legally within the scope of the obligee’
The same applies to the case.
The court's order to submit financial transaction information to D Co., Ltd. according to the results of the order and the purport of the whole pleadings.