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(영문) 대전지방법원홍성지원 2020.10.23 2020가단30606
사해행위취소
Text

The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff filed an order for payment with C as Seoul Central District Court 2010 tea196691 and paid the Plaintiff the amount of KRW 21,423,472 and KRW 8,491,420 as to KRW 21,423,472 and the amount of KRW 8,491,420 as to KRW 17% per annum from December 14, 2010 to the date of repayment.

On February 8, 2017, the Defendant received on February 7, 2017, the registration of the transfer of ownership under Article 2694 from the Daejeon District Court Budget Office’s receipt of the Budget Office on February 7, 2017, for each portion of one-fourths among the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, and argument and judgment of the whole pleadings

A. 1) As Plaintiff C donated the instant real estate, which is its sole property in excess of its obligation, to the Defendant, the said donation constitutes a fraudulent act by reducing the common obligees’ joint collateral, and as Plaintiff and the Defendant knew of such circumstances, the instant donation constitutes a fraudulent act, and thus, C and the Defendant are obligated to implement the procedure for registration of cancellation of ownership transfer registration as to 1/4 of the instant real estate, and the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration as to 1/4 of the instant real estate as to C’s ownership in the original class D. 2) The instant real estate was originally owned in title trust with four of each class D, including C, and the said clan terminated the instant title trust with the Defendant, and the ownership transfer registration was completed in the future of the Defendant by concluding a title trust agreement again with the Defendant, and it was not a fraudulent act between the Defendant and C.

B. Determination 1: (a) an act of a real estate trustee having completed the registration of ownership transfer of a trusted real estate as a performance of a duty to return according to the trust act; or (b) a title truster

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