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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. If a creditor’s revocation of fraudulent act and a claim for restitution are acknowledged, the beneficiary is obligated to return the subject matter of the fraudulent act to the debtor as restitution. If it is impossible or considerably difficult to return the subject matter of the fraudulent act, the beneficiary is obligated to return the subject matter of the fraudulent act to the debtor as restitution. If it is impossible or considerably difficult to return the subject matter, this refers to cases where the creditor cannot expect the realization of the performance from the beneficiary or the subsequent purchaser, not simply where the return of the subject matter is absolutely or physically impossible, but where the return of the subject matter is impossible
Therefore, barring special circumstances, such as that where a third party acquires the right of mortgage, superficies, etc. on real estate after the transfer of ownership of real estate by fraudulent act, the creditor may seek compensation equivalent to the value of the real estate return against the beneficiary instead of the return of the real estate, unless there are special circumstances, such as that the beneficiary may restore the real estate to the debtor without any restriction, such as mortgage, etc., but it is not permissible for the creditor to seek the return of the real estate by taking risk
A creditor may seek the cancellation of a beneficiary's name registration instead of compensation for value, or seek the debtor's direct performance of the procedure for transfer of ownership against the beneficiary.
In such cases, the right to claim restitution shall be determined at the option of the creditor at the time of the closure of the fact-finding proceedings as one of the original return and value compensation.
If the creditor claims the cancellation of fraudulent act and the cancellation of the registration in the name of the beneficiary, and the judgment in favor of the beneficiary becomes final and conclusive, the creditor again claims the restitution against the beneficiary, or as the original return.