Busan District Court-2014-Gohap-41851 ( October 31, 2014)

Whether the conclusion of the contract to establish a mortgage is a fraudulent act

The plaintiff filed the lawsuit in this case after one year from the date on which he became aware of the cause of cancellation, which is the starting point of the exclusion period, is deemed unlawful.

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Busan High Court 2014Na53820 Revocation of Fraudulent Act

Korea

AA and 1

Busan District Court Decision 2014Gahap41851 Decided October 31, 2014

March 19, 2015

April 16, 2015

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance court is revoked. The conclusion of the mortgage contract concluded on July 9, 2012 between Defendant AAA and Nonparty CCC regarding the real estate listed in the separate sheet shall be revoked, and the Defendant AAAD registry of the Busan District Court regarding the real estate listed in the separate sheet shall implement the registration procedure for cancellation of the establishment registration of a neighboring mortgage completed on July 9, 2012 by the receipt of No. 26812 from the Busan District Court DBB and Nonparty CCC. The mortgage contract concluded on July 9, 2012 between Defendant BB and Nonparty CCC regarding the real estate listed in the separate sheet shall be revoked, and the Defendant BB performed the registration procedure for cancellation of the establishment registration of a neighboring mortgage which was completed on July 9, 2012 by the Busan District Court DD registry of the Busan District Court as of July 9, 2012.

1. Quotation of judgment of the first instance;

The reasons for this decision are as follows: (a) it is reasonable to view that there was a fraudulent act at the time of the registration of seizure as a disposition on default on taxes, which is a disposition on default on taxes; and (b) it is identical to the entry of the reasons for the judgment of the first instance except for adding the Supreme Court Decision 91Da14079 Decided November 8, 191.

2. Conclusion

Therefore, the lawsuit of this case is unlawful, and the judgment of the court of first instance is just in conclusion. Therefore, the plaintiff's appeal against the defendants is dismissed as all of the grounds for appeal are dismissed.