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(영문) 창원지방법원 2007. 03. 23. 선고 2007가단74023 판결

국세체납자가 아들에게 부동산 증여한 행위가 사해행위에 해당하는 지 여부[국승]

Title

Whether the act of a real estate donated by a delinquent taxpayer to his children constitutes a fraudulent act

Summary

It can be viewed as a fraudulent act if a transfer registration of ownership is made on the sole real estate owned by a person delinquent in national taxes due to donation to children.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Text

1. As to real estate listed in the separate sheet:

A. The contract of donation concluded on March 14, 2006 between the defendant and Noh○○ is revoked.

B. The defendant will implement the procedure for registration of cancellation of ownership transfer registration that was completed on March 23, 2006 by the Changwon District Court Masan District Court Masan registry office, which was completed on March 23, 2006.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);