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(영문) 서울고등법원 2015.05.29 2014나2043890
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. All lawsuits concerning claims added in the trial shall be dismissed;

3...

Reasons

Basic Facts

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, and thus cites this part in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, except for the following additions to the 6th of the judgment of the court of first instance No. 12. The court's explanation on this part is acceptable pursuant to the main sentence of Article 420 of the

In addition, the defendant concluded each of the above trust contracts with B with the knowledge that each of the trust contracts of this case would prejudice the plaintiff, who is the creditor of B, and this constitutes a fraudulent trust under Article 8 (1) of the former Trust Act, and thus, each of the above trust contracts shall be revoked, and the defendant shall be obligated to cancel the registration of transfer of ownership in the name of the defendant, which is completed with respect to each of the real estate of this case based on the above trust contracts by restitution to the original state, as follows. The reason why the court's explanation concerning this part is stated is as follows. The part of the judgment of the court of first instance, except for the addition of the following contents from the 7th of the judgment of the court of first instance to the 7th of the court of first instance, is as stated in the corresponding part of the judgment of the court of first instance. Thus, this part shall be cited in accordance

[Article 9 of the Special Agreement on the Trust of this case] provides that the trustee may cancel the trust contract of this case when the grounds under Article 2 of the Special Agreement on the Trust of this case arise, and Article 2 of the Special Agreement provides that "where the ownership is changed due to the exercise of the right arising before the trust under Article 21 of the former Trust Act" shall be the grounds for exemption from the trustee's responsibility for management.

Therefore, the trust contract termination right under Articles 9 and 2 of the Special Agreement for each of the instant trust contracts is the former Trust Act for each of the instant real estate after the conclusion of each of the instant trust contracts.

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