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TITLE Supreme Court Decision 2017Da237186 Decided September 21, 2017【Avoidance of Fraud】* First draft [full Text]
Summary
In cases where an obligor took out a loan from a third party to purchase a piece of real property and then offered said real property as security for the loan liability, or where an obligor purchased a piece of real property from a third party, completed the ownership transfer registration before paying the sales price, and then offered said real property as security for the sales price liability, whether the obligor’s security offer is fraud (negative), and in such a context, in cases where the purchase of real property and the offer of security took place consecutively within a short span of time, whether the offer of security may be separately deemed to constitute fraud (negative in principle)
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