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(영문) 부산고등법원 2018.02.14 2017나18
사해행위취소 등
Text

1. The judgment of the first instance, including the Plaintiff’s primary claim selected in the trial, is as follows.

Reasons

1. Fact that there is no dispute ① On November 26, 2002, H completed the registration of preservation of ownership as to each of the instant real estate by the Busan District Court No. 4391, which was received by the Fransh Court registry office.

② Defendant C completed the registration of ownership transfer on September 23, 2005, based on sale as of July 29, 2005, between H and the instant real estate.

③ After establishing Defendant C, on January 15, 2009, Defendant C completed the registration of ownership transfer based on the investment in kind on December 30, 2008 with respect to each of the instant real estate on January 15, 2009.

④ After that, Defendant C dealt with the lease management of each of the instant real estate in the name of Defendant B.

2. The plaintiff's assertion

A. As to the primary claim, ① the Plaintiff newly built and acquired each of the instant real estate, and subsequently transferred the ownership of each of the instant real estate to Defendant C via H, and Defendant C, the title trustee, transferred the ownership of each of the instant real estate to Defendant C. Since Defendant C actively participated in the disposal of the instant real estate by Defendant C, the title trustee, the disposal of each of the instant real estate against Defendant C’s each of the instant real estate is null and void as anti-social order.

Therefore, the Plaintiff, as the owner of each real estate of this case, seeks the registration of transfer of ownership based on the restoration of authentic name against Defendant B, or seek the cancellation of each registration of transfer of ownership that completed with respect to each real estate of this case against the Defendants.

② After completing the registration of transfer of ownership as to each of the instant real estate as joint tort, Defendant B Co., Ltd. uses and benefits from each of the instant real estate.

Therefore, the Defendants are liable to compensate each Plaintiff for damages caused by tort or restitution of unjust enrichment, and Defendant B’s transfer of ownership to each of the instant real estate from January 15, 2009 to the Plaintiff.

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