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(영문) 서울중앙지방법원 2006. 12. 13. 선고 2005가합85080 판결
사해행위취소[국승]
Title

Revocation of Fraudulent Act

Summary

Any registration of transfer of ownership made on any real estate shall be null and void in violation of the Registration of Real Estate under Actual Titleholder’s Name Act.

Text

1. Around 00, 100, 100, 200, 200, 200, 200, 200, 200, 200, 200, 30, 200, 200, 200, 200, 300, 200, 200,

A. As to one real estate listed in the attached list, Defendant YOO ○○ registry office of the Seoul Central District Court

registration of transfer of ownership made under Law No. 21562 on May 12, 2004;

B. As to the 2 real estate listed in the separate sheet, the defendant Cho ○○ registry office of the Seoul Central District Court

The procedure for the cancellation of each registration of transfer of ownership made under No. 21564 on May 12, 2004 shall be implemented.

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

Purport of claim

The same shall apply to the order.

Reasons

1. Facts of recognition;

The following facts are not disputed between the parties, or may be acknowledged by taking into account the whole purport of the arguments in the descriptions of Gap evidence 1-1 to 6, Gap evidence 2-2, 3, Gap evidence 5, Gap evidence 6-1, 2, and Gap evidence 7:

A. “○○ Construction Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with ○○ Construction Association and ○○○ Construction Co., Ltd. (hereinafter “○○○○○ Construction Co., Ltd.”) on June 202 with ○○○○○ Construction Co., Ltd. (hereinafter “○○○○○ Construction Co., Ltd.”). The construction contract was concluded with ○○○○○ Construction Co., Ltd. (hereinafter “instant construction”) whereby apartment construction will be completed as payment for the construction cost, and completed the instant construction work.” On the other hand, Nonparty Co., Ltd. (hereinafter “○○○ Construction Co., Ltd.”) entered each of the supplementary movable property indicated in the separate sheet, which was received as payment for the construction cost of the instant case, into a title trust to ○○○○○○ Construction Co., Ltd. (hereinafter “○○○○ Construction Co., Ltd.”), which is the head of ○○○○ Construction Co., Ltd. (hereinafter “○○○○ Construction Co. 5”) on May 12, 200004.

2. Determination

A. Determination as to the claim against Defendant Cho ○-○

As to the Plaintiff’s assertion of the same content as the above facts of claim, Defendant Cho-○ is deemed to have led to confession pursuant to Article 150(3) of the Civil Procedure Act.

B. Determination as to the claim against the defendant YOO

According to the above facts, the registration of transfer of ownership is null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name, where the non-party company entrusted the name to the defendant YOO and completed the two real estates listed in the attached list.

(c) Conclusion

The above registration of transfer of ownership by the Defendants is null and void because it is based on the title trust, and the Plaintiff may seek cancellation of the above registration of transfer of ownership by subrogation of the non-party company and the non-party company and the defendant as a creditor of the non-party company, who is insolvent. Thus, the defendant YO, etc. is obligated to perform each procedure for cancellation of transfer of ownership, which was made under No. 21564 on May 12, 2004 by the Seoul Central District Court ○○○ Registry on the 1 real estate listed in the separate sheet, and the defendant YOO, which was made under No. 21562 on the 2 real estate listed in the separate sheet.

5. Conclusion

Therefore, the plaintiff's claim of this case is without merit, and it is so accepted, and it is so decided as per Disposition.

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