부동산 명의신탁과 사해행위취소

Abstract

This thesis examines whether it is possible to revoke fraudulent act or not, because title trust agreement or act of disposal goes for fraudulent act, when the person directly involved of real property title trust does title trust agreement or act of disposal of title trust real property. First of all, the kinds of real property title trust were divided into title trust between the two, title trust for ommission in the middle of registration, and contract title trust, so each legal relation was analyzed. Thus, it is examined that liability property of a debtor is vested in which person directly involved of title trust. In addition, focusing on precedents, the thesis examined whether it is possible to exercise right of revocation of fraudulent act, because title trust agreement or act of disposal of trusted real estate of the person directly involved of title trust goes for fraudulent act. Some of precedents focused overly on formal-logical completeness, so there were problems of the application. First of all, in case of title trust between the two, liability property belongs to a title truster, so title trust agreement or act of disposal trusted real estate of a title truster is fraudulent act. In case of title trust for ommission in the middle of registration, precedent judged that title trust agreement is fraudulent act, but is not fraudulent act, because there is no change of a joint mortgage of creditors. When a seller does not know a title trust agreement in a contract title trust, a precedent judged that act of disposal of a title truster does not belong consistently to fraudulent act, because an ownership of the property is vested in a title trustee. Furthermore, although a title truster becomes the actual person directly involved so does an act of disposal of the property and finishes an ownership transfer registration, it is not judged that this is not fraudulent act harming the general creditors of title truster. However, there are problems that a title truster can be offered as a channel to conceal property, and it gives an unexpected profit to a general creditor. Therefore, when a title truster becomes the actual person directly involved so does an act of disposal, this reduces liability property of a title truster, so it is valid to judge that a general creditor of title truster can revoke this as a fraudulent act.