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Case Number of the immediately preceding lawsuit
Seongbuk-2013-Gab-208097 ( October 08, 2014)
Title
The act of transferring the apartment of this case to the defendant under excess of debt constitutes a fraudulent act unless there are other special circumstances.
Summary
The sales contract of this case is wholly revoked as it constitutes a fraudulent act and its restitution accordingly, and the defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the plaintiff.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2014Na14815
Plaintiff, Appellant
Korea
Defendant, appellant and appellant
IsaA
Judgment of the first instance court
Suwon District Court 2013Gadan208097
Conclusion of Pleadings
November 20, 2014
Imposition of Judgment
December 19, 2014
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
A sales contract concluded on December 8, 201 with respect to the real estate stated in the separate sheet between the Defendant and the NoB shall be revoked. The Defendant will implement the procedure for registration of cancellation of ownership transfer registration, which was completed on December 9, 201 by the ○○ District Court ○○○ Branch ○○ Branch ○○ Branch ○○ Branch ○○ ○000 regarding the real estate listed in the separate sheet, to the Nowon.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's explanation concerning this case is that "the claim of No. 5 of the first instance judgment No. 7" is dismissed as "the claim of No. 16", "No. 16 of the 7th instance judgment No. 9", "No. 16 of the 7th instance judgment", "No. 16 of the 7th instance judgment", and "No. 16 of the 7th instance judgment", and "no. 16 of the 7th instance judgment" are added, and "no. 9 of the 8th instance judgment" is added, and "no. 9 of the 9th instance judgment" as "no. 15 of the 9th judgment", and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.