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(영문) 창원지방법원 2015.08.11 2014나12748
사해행위로 인한 소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff filed a lawsuit against C and K Co., Ltd. (hereinafter “K”) seeking payment of KRW 1,50,000,000 for loans of KRW 2010,1855,000,000,000,000 on April 13, 2011, the said court rendered a judgment in favor of the Plaintiff on the following: “The Defendant C shall pay to the Plaintiff KRW 150,000,000 per annum from April 1, 2008 to April 13, 201, and the amount calculated at the rate of KRW 20,00 per annum from the next day to the date of full payment,” and the said judgment was finalized on May 4, 2011.

B. However, in the absence of any other responsible property than the instant real estate, C had completed the registration of transfer of ownership in the name of the Defendant on the ground of the instant sales contract, in the absence of any other property than the instant real estate.

C. The instant sales contract between C and the Defendant is null and void for the purpose of undermining the Plaintiff’s loan claims by means of false conspiracy, and the Defendant constitutes a malicious beneficiary, and thus, the above sales contract is revoked and its original status must be restored, and the Defendant shall implement C with the procedure for registration cancellation of ownership transfer registration

2. Determination:

A. 1) Any change in real rights to real estate made by a registration under a title trust agreement shall be null and void: Provided, That the same shall not apply where the title trustee becomes one of the parties to a contract to acquire a real right to real estate and the other party was unaware of the fact that a title trust agreement exists (Article 4(2)2 of the Act on the Registration of Real Estate under Actual Titleholder’s Name).

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