명의수탁자가 수탁재산을 반환하는 행위는 사해행위를 구성하지 아니함[국패]
The act of the trustee to return the entrusted property does not constitute a fraudulent act.
An act of a title trustee to complete a registration of ownership transfer of real estate in trust with a performance of obligation to return real estate by the act of trust, or an act of a title truster to complete a registration of ownership transfer to a third party in the interim stage restoring the registration from the title trustee does not constitute
The contents of the decision shall be the same as attached.
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The contract of donation concluded on September 28, 2007 with respect to 163 ○○-ri, 163 6 mix 5 mix 163 mix 163 mix mix 163 mix mix 6, 2007 between the Defendant and the lowest mar-si. The Defendant will implement the procedure for the cancellation registration of ownership transfer registration completed on September 28, 2007 with respect to the above land
1. Basic facts
The following facts shall not be disputed between the parties, or may be recognized by comprehensively considering the respective entries in Gap evidence 1 through 3 and the purport of all pleadings:
A. On April 1, 2003, the director of the Incheon District Tax Office under the Plaintiff’s control determined the increase in the global income tax amount of KRW 166,574,457 on the global income tax amount of KRW 166,57 and notified the payment period as April 30, 203.
B. The alteration of rights on the registry concerning 00 ○○○○-ri 163 Forest 163 5 malle 6 male (hereinafter “instant land”) shall be as follows:
C. The largest ○ is the father of the largest ○-type, and the defendant is the largest ○-type child.
2. Determination of the parties' arguments
A. The parties' assertion
(1) The plaintiff's assertion
The plaintiff's donation of the land in this case to the defendant should be revoked on the ground that it constitutes a fraudulent act detrimental to the plaintiffs, who are tax claims, and the defendant asserts that the plaintiff is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case as to the land in this case,
(2) The defendant's assertion
The defendant asserts that the land of this case was owned by the defendant and the last ○○ family members (the clan of this case) with the last ○○ family members (the clan of this case), and that the title trustee did not constitute a fraudulent act merely because the title trustee was changed to the defendant.
B. Determination
In light of the purport of the argument as a whole, Eul evidence Nos. 1 through 6 and witness testimony, the clan of this case is formed for the purpose of the deceased's funeral and the deceased's friendship among descendants who jointly set the maximum 00 years old clans. 8 years old, the clan of this case was established for the purpose of the deceased's funeral and the deceased's friendship among the descendants. 8 years old, the clan of this case was established for 10, 15 years old, and the clan of this case. around March 1, 105, the name of the clan of this case was set as 00 and its rules were set out for the defendant as well as the deceased's title trustee's 2 years old registration of ownership transfer from the deceased's title trust of this case (see, e.g., Supreme Court Decision 700, 000, 200, 200, 300, 300, 300, 300, 200).
Conclusion
Therefore, all of the plaintiff's claims against the defendants are dismissed as it is without merit. It is so decided as per Disposition.