(영문) 대구지방법원김천지원 2015.02.11 2014가단10799

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(영문) 대구지방법원김천지원 2015.02.11 2014가단10799

사해행위취소 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff loaned B KRW 1.2 million on December 10, 2001, ② KRW 2.3 million on December 31, 2004, ③ KRW 1,517,00 on December 31, 204, ④ KRW 1,000 on December 1, 2005, ⑤ KRW 7 million on January 2, 2008, ⑤ KRW 6 million on January 7, 2008, ② KRW 2.9 million on December 31, 200, ② KRW 8 million on September 18, 2012, and KRW 90,000 on December 39, 2013.

B. The Defendant completed the registration of ownership transfer claim pursuant to the Daegu District Court Decision 25967, Oct. 21, 2013, 2013, with respect to one-half share (hereinafter “instant real estate”) out of the 2773 square meters in Kimcheon-si, Kimcheon-si, Kimcheon-si, and completed the registration of ownership transfer as the receipt of No. 29418, Nov. 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each branch number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The purchase and sale of the portion of the instant real estate, which is the sole property of the Plaintiff’s assertion B, shall be revoked as a fraudulent act, and the Defendant shall be obligated to restore the original state to its original state, the provisional registration of the right to claim ownership transfer and the registration of transfer of shares.

B. The Defendant’s assertion that the real estate of this case was originally owned by the Defendant and the Defendant and the Defendant, a clan in whose name it was trusted to B and D, and that it was merely a title trust to the Defendant who is the cause of the clan, and thus does not constitute a fraudulent act.

3. The act of a title trustee of real estate to register the ownership of a trusted real estate as a performance of a duty to return according to the trust act, or the act of a title truster to register the ownership of a third party as an intermediate stage restoring the registration from a title trustee does not constitute a fraudulent act as a performance of existing obligations (see, e.g., Supreme Court Decision 2001Da35884, Aug. 24, 2001). In addition, any land between a clan and a clan

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