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(영문) 서울중앙지방법원 2016.01.20 2015나40882
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

All of the ancillary claims in the instant lawsuit shall be dismissed.

Reasons

The reasoning for the court's explanation of this case is that the plaintiff's "the plaintiff's "the plaintiff's" of the fourth, fourth, and second of the judgment of the court of first instance is "C", and the plaintiff's conjunctive claim of the fifth, fifth and nine of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, and this part of the judgment of the court of first instance is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. The act of the Plaintiff’s assertion in trust with the Defendant in the name of the deposit owner in the instant securities account in excess of his/her obligation is a fraudulent act that reduces the liability property. Therefore, the above title trust agreement should be revoked, and the Defendant is obliged to pay the Plaintiff KRW 97 million and the damages for delay.

B. The judgment of the title trustee is obligated to transfer the right acquired under a contract with the other party in relation to the title truster to the title truster. Where the title truster enters into a contract of title trust between the contributor and the deposit holder, the title truster shall be deemed to have the obligation to transfer his/her claim to return the deposit to the financial institution upon the request of the contributor. Thus, where the contract of title trust with the deposit owner is cancelled as it constitutes a fraudulent act, the restoration following the cancellation shall be made by transferring the deposit claim to the title truster to the financial institution and ordering the financial institution to notify the transfer to the financial institution, barring special circumstances such as where the title truster withdrawss the deposit from the deposit account and uses it

(See Supreme Court Decision 2014Da212438 Decided July 23, 2015). Moreover, the obligee’s right of revocation is intended to revoke the obligor’s act of disposal of property by fraudulent act and seek restitution thereof.

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