logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017. 06. 14. 선고 2017가단100225 판결
피고의 유일부동산에 대하여 매매예약에 의한 소유권이전청구권 가등기 설정한 행위는 사행행위에 해당함.[국승]
Title

The defendant's act of establishing provisional registration of the right to claim ownership transfer by means of the purchase and sale reservation of the real estate constitutes a speculative act.

Summary

An act of establishing a provisional registration of ownership transfer claim right due to trade reservation after the date on which a tax payment notice was issued by the near future state is expected to constitute a fraudulent act.

Related statutes

§ 406. Revocation of Civil Code

Cases

2017 Ghana 10025 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

Maximum 00

Conclusion of Pleadings

May 24, 2017

Imposition of Judgment

June 14, 2017

Text

1. The purchase and sale reservation made on October 00, 200 between the defendant and the non-party AA regarding each real estate listed in the separate sheet shall be revoked.

2. The defendant will implement the procedure for registration cancellation of the right to claim transfer of ownership, which was completed by the 00 district court 00 registry office 00.00.00.00, and completed by the 22522 with respect to each of the above real property, to the non-party A. 3. The litigation cost is assessed against

It is the same as the order of the Gu office (it is obvious that the "No. 0000 of the receipt on October 00, 2000" as stated in paragraph (2) is a clerical error in the "No. 0000 of the receipt on October 00, 200).

Reasons

1. The facts of recognition are in arrears with the total of 00 won of global income tax for the year 2000, the date on which the standard tax liability was established on October 00, 200, and additional charges therefor, etc.

B. On October 00, 200, the West A purchased each real estate listed in the separate sheet (hereinafter referred to as the "each real estate of this case"), and completed the registration of ownership transfer on October 00, 200. On October 00, 200, it acquired the mortgage contract between KimBjin and the maximum debt amount on each of the real estate of this case on October 00, 2000, and completed the registration of transfer of ownership as the debtor of the above collateral security on October 00, 200. On October 00, 200, it purchased each of the real estate of this case as the mother on each of the real estate of this case (hereinafter referred to as the "sale promise of this case"). On October 00, 200, it completed the provisional registration of transfer of ownership claim of this case on each of the real estate of this case under the name of the defendant on each of the real estate of this case (hereinafter referred to as the "the provisional registration of this case").

D. At the time of October 0, 200, the amount of the secured debt under the name of the Saemaul Depository was zero won, and the market price of each of the instant real estate was zero won. Among each of the instant real estate, the responsible property, which was offered to the joint collateral of the general creditors, was only zero won (0 -0 won), and each of the instant real estate was the only property of the Western. [The grounds for recognition] The fact that there is no dispute over the instant real estate, the entry in the evidence Nos. 1 through 7, and the purport of the entire arguments and arguments, respectively, are purport of the whole purport of each of the instant real estate.

2. Judgment on the plaintiff's claim

Unless there are special circumstances, the debtor's act of selling real estate, which is one of his own exclusive property, and replacing it with money which is easy for the debtor to consume, is presumed to be a fraudulent act against the creditor, and thus, the debtor's intent of deception is presumed to be presumed to be a fraudulent act, and the burden of proof that the purchaser did not maliciously exist is the beneficiary (see, e.g., Supreme Court Decision 97Da54420, Apr. 14, 198). According to the above facts established, since the LA entered into the instant promise with the defendant for the sale of each real estate, which is the only property under the status of excess of obligation as of Oct. 25, 2013, it is reasonable to deem that the instant promise constitutes a fraudulent act, and that LA, which is well aware of such circumstances, had the intent to harm the plaintiff, who is the beneficiary, and it is presumed that the defendant

3. Conclusion

Thus, the contract between the defendant and the Western constitutes a fraudulent act, and thus the defendant is obligated to implement the procedure of cancellation registration of the provisional registration of this case to restore the original state accordingly, so the plaintiff's claim is justified and it is so decided as per Disposition.

arrow