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(영문) 창원지방법원마산지원 2017.10.12 2017가단431
사해행위취소
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty I completed the registration of ownership transfer for the reason of sale on January 6, 1974 with respect to the 34,127 square meters of H forest in Changwon-si, Changwon-si (hereinafter “the instant forest”).

B. Defendant D completed the registration of transfer of ownership with respect to the forest of this case to Defendant E on August 17, 2015, No. 48309, which was received on August 17, 2015, on the ground of donation.

C. Defendant E completed the registration of ownership transfer on July 26, 2016 with respect to the respective shares of 4,500/34,127 out of the instant forest land to Defendant F and G based on donation No. 42596, and No. 42597, which was received on July 26, 2016, respectively.

[Ground for recognition] Unsatisfy, Gap evidence 1 and 2

2. The assertion and judgment

A. The plaintiffs' assertion A, B, the network J and the network K are South Korea. The plaintiffs C are children of the network J. The defendant D is the head of the network K, the defendant Eul is the defendant Eul's wife, the defendant F and G are the children of the defendant D.

On January 6, 1974, the plaintiff A, B, the network J, and the network K purchased the forest of this case from I, and completed the registration of ownership transfer under the name of the defendant D on March 30, 1985, according to the title trust agreement with the defendant D.

This constitutes so-called ‘third party title trust'. Since the change in real rights in the name of the trustee is null and void in the third party title trust, the Plaintiffs, the title truster, have the right to request the cancellation of the registration of ownership transfer registration in Defendant D with respect to the forest of this case in subrogation of I in order to preserve the right to claim ownership transfer registration against I, the seller.

In addition, on August 17, 2015 against Defendant D’s will, Defendant E completed the registration of ownership transfer with respect to the instant forest under his/her name, and thereafter, on July 26, 2016, each of the instant forest shares was registered under Defendant F and G’s name with respect to the shares 4,50/34,127 out of the instant forest, and each of them was registered.

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