부동산소유권이전등기말소이행
1. The contract of donation concluded on January 7, 2014 between the Defendant and C is revoked.
2...
1. The Plaintiff indicated the claim has a claim for the refund of the purchase price of KRW 40 million against C, the former owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Since C does not return the claim, C filed a lawsuit claiming the refund of the purchase price under the Seoul Western District Court Decision 2013Da239262, the Seoul Western District Court rendered a favorable judgment on December 19, 2013, and the said judgment became final and conclusive on January 14, 2014.
On the other hand, C completed the registration of ownership transfer on January 7, 2014 with respect to each of the instant real estate as the receipt of the Dongdaemun-gu District Court Branch of Seoul Northern District Court on January 7, 2014 by the Defendant on the ground of a donation made on January 7, 2014.
As such, the Defendant’s donation of each of the instant real estate, which is the only property of the Defendant under excess of the obligation, constitutes a fraudulent act detrimental to all creditors, and the Defendant’s intent of deception is presumed as a beneficiary. As such, the Plaintiff revoked the donation contract between C and the Defendant on January 7, 2014, and seeks to implement the procedure for cancellation of ownership transfer registration under the name of the Defendant as to each of the instant real estate as restitution.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);