사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Defendant’s assertion that the instant real estate was purchased from G, entrusted the title to ASEAN, and completed the registration of ownership transfer in the future C, and restored the registration of ownership transfer in the future of the Defendant, the actual owner. Therefore, the instant disposition cannot be deemed as a fraudulent act.
Judgment
It is judged under the premise that a title trust agreement existed, such as the defendant's assertion at home.
The distinction between whether a title trust is a three-party title trust or a contract title trust is a so-called three-party title trust or a contract title trust is a problem to determine who the contracting parties determine.
However, if the purchaser intended to purchase real estate through another person’s name, the title trust relationship at this time is merely an internal relationship between them. Even if the seller, who is the other party to the contract, was aware of the title trust relationship, barring special circumstances, such as having entered into a contract with the intent to directly bring about the legal effect of the contract to the title truster rather than the title trustee, the title trust relationship should be deemed as a contract title trust.
(see Supreme Court Order 2013SS133, Oct. 7, 2013). We examine the following circumstances revealed in the argument of the instant case, namely, the Defendant voluntarily purchased the instant real estate to obtain short-term market profit due to new transport development. Accordingly, a contract is concluded with the intention of directly reverting the legal effect of the contract to the title truster, not the title trustee, rather than the title trustee.