(영문) 서울동부지방법원 2015.04.14 2014가합3434

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(영문) 서울동부지방법원 2015.04.14 2014가합3434

사해행위취소 등

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion asserts that the defendant is obligated to pay 25,000,000 won and damages for delay to the plaintiff for the following reasons.

On July 21, 2006, the Plaintiff lent KRW 510,000,00 to C with the due date set on August 30, 2007, and at that time D guaranteed the above loan obligations of C.

Therefore, the plaintiff has a joint and several liability claim of KRW 510,000,000 against D.

B. On March 7, 2013, the Defendant purchased F(G) Nos. 101 and 2904 of Ulsan-gu H Nos. 101 and 2904 (hereinafter “instant real estate”) from E, and completed the registration of ownership transfer on the grounds of this on April 11, 2013. The Defendant received KRW 225,00,000 from D when providing only the purchaser’s name and ownership transfer registration under the above sales contract according to the title trust agreement entered into with D, and purchased the instant real estate from E by paying KRW 475,00,000,000, plus KRW 250,000,000, which received the instant real estate as security, as sales price, according to the title trust agreement entered into with D.

Since the above title trust agreement was null and void or E, which concluded the above title trust agreement with the Defendant, was unaware of such title trust agreement, the Defendant acquired the full ownership of the instant real estate, and the title truster D may seek a return of unjust enrichment equivalent to the purchase fund provided to the Defendant according to the

C. Since D is currently insolvent and does not exercise its claim for return of unjust enrichment against the Defendant, the Plaintiff may seek payment of KRW 225,000,000, which is equivalent to the above purchase fund, from the Defendant in subrogation of D in order to preserve the above joint and several liability claim against D.

2. ex officio determination is made on the lawfulness of the instant lawsuit.

In order for the creditor to exercise the debtor's right on behalf of the debtor, it is necessary to preserve his claim against the debtor.

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