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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for this Court’s explanation concerning this part of the facts of recognition are the same as the corresponding part of the judgment of the first instance except for the addition of Gap’s evidence No. 8 to the grounds for recognition. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure
2. The assertion and judgment
A. It constitutes a fraudulent act by which C, who was in excess of the Plaintiff’s assertion, concluded the instant promise with the Defendant to sell and purchase the instant real estate, which is its sole property, and completed the registration of the right to claim transfer of ownership. Even if the Defendant, while acquiring the instant real estate by paying the purchase price of the instant real estate to the seller, entrusted the title thereof to C, the seller of the instant real estate did not know that there was a contract title trust agreement, and thus, the instant real estate is a property owned by C, a title trustee, and is liable for the joint collateral of
Therefore, C’s conclusion of the instant provisional registration with the Defendant as to the instant real estate constitutes a fraudulent act, which still constitutes a fraudulent act.
B. The first obligee's right of revocation is a juristic act in which the obligor, while being aware that it would prejudice the obligee, has performed a juristic act in which the obligor has reduced the obligor's whole property, which is a joint collateral of the obligee, and the obligor's property has been granted to the obligee in order to restore the obligor's property to its original condition in order to maintain and preserve the joint collateral, and thus, the juristic act subject to the obligee's right of revocation is prejudicial to the obligee. The obligor's active property is reduced compared to the obligor's total amount of the obligation due to the obligor's property act. Even if the obligor's property juristic act is the obligor's property,