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The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
Reasons
The grounds of appeal are examined.
1. Where a legal act on a certain real estate constitutes a fraudulent act, in principle, the relevant fraudulent act shall be revoked and an order to recover the real estate itself, such as the cancellation of transfer of ownership;
However, if it is impossible or considerably difficult to return originals, it is ordered to pay damages equivalent to the value of the object of the fraudulent act as performance of the duty to restore the originals, and in the case of compensation for such value, it is necessary to order compensation only for the value within the scope of the establishment of the fraudulent act because it is a joint
(See Supreme Court Decision 2007Da29119 Decided July 26, 2007, etc.). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.
On May 23, 2012, B Co., Ltd. (hereinafter “B”) entered into an additional agreement and an additional mortgage creation agreement with K on the instant building that will be newly constructed on the instant land between K and K on the same day, with the debtor corporation G (hereinafter “G”), the maximum debt amount of KRW 1,950,000,000, in the name of the debtor corporation (hereinafter “K”) and the maximum debt amount of KRW 1,950,000,00 for the instant building to be newly constructed on the instant land.
B. B closed on June 30, 2013, and the construction of the instant building was also suspended, and the Defendant purchased the loan claim against G and the right incidental thereto from K on February 17, 2015 and March 25, 2015.
C. On April 30, 2015, upon the creditor’s request for the registration of provisional seizure against B, the registration of preservation of ownership of the instant building was completed under the name of B, and on May 7, 2015, B included “the instant land subject to joint collateral” as to the Defendant on May 4, 2015, including the additional contract to establish a contract on May 4, 2015, the mortgagee, the mortgagee, the maximum debt amount, KRW 1,950,000,00, and the joint collateral.