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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination on the claim for revocation of fraudulent act
A. The reasons why this court should explain the facts of recognition are as follows, except for the cases where the "4th "6th "(6) of the judgment of the court of first instance" is used. Thus, it is identical to the part "A. Recognizing the facts of recognition" of the judgment of the court of first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. [6] The status of active and passive property B at the time of conclusion of the instant sales contract is as shown below.
The details of pro rata property amount of KRW 1,317,576,00 on the instant land: (a) KRW 2,517,776,00 on the loans from the Bank of Korea to KRW 319,113,140 on the loans from the Small and Medium Business Corporation of KRW 220,00,000 on the loans of KRW 260,000 on the loans of KRW 260,000 on the loans of KRW 42,000 on the loans of KRW 42,00 on the Defendant; (b) KRW 480,710,060 on the loans of KRW 161,697,046 on the loans of KRW 71,828,950 on the Plaintiff’s goods and materials; (c) KRW 48,00 on the loans of KRW 30,00 on the loans of KRW 42,00 on the instant land; and (d) the Defendant shall be obligated to pay KRW 36381,36,84,3637,84,36,300.
This is because the Defendant, a title truster, entered into a contract title trust agreement with B, and B, as a contracting party, entered into a sales contract with the Korea Water Resources Corporation that did not know the existence of the above title trust agreement, on the acquisition of land at 600 square meters. The contract title trust agreement between the Defendant and B is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). However, B would acquire ownership of land at 600 square meters (see, e.g., Supreme Court Decision 2007Da90432, Oct. 14, 2010).