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(영문) 의정부지방법원 2018.11.30 2017가합54463

사해행위취소

Text

1.(a)

Property division agreement concluded on January 14, 2015 between the defendant and B on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On January 14, 2015, B filed a divorce report with the Defendant on January 14, 2015, and completed the registration of transfer of ownership based on the property division agreement (hereinafter “instant property division agreement”) on January 15, 2015, with respect to the instant real property under the name of the Defendant, by making a property division agreement with the Defendant on the transfer cycle of each real estate listed in the separate sheet (hereinafter “instant real property”).

B. On the other hand, on June 9, 2014, B sold to C, the E Apartment F, which is located in Dong-si and one parcel, for KRW 210,00,000, and completed the registration of ownership transfer in C’s name on June 20, 2014.

On June 12, 2014, the Defendant purchased 129,000,000 won out of the above sale price, G Building H (hereinafter “Seocheon-si G Lending”) and completed the registration of ownership transfer in the name of the Defendant on July 14, 2014.

C. Thereafter, on August 28, 2015, B completed the registration of transfer of ownership based on the division of property to the Defendant on August 28, 2015 with respect to the land category and area of 23 square meters and J-road (hereinafter “land category and area omitted”) of 13 square meters and J-road I-si

On January 14, 2015, global income tax, value-added tax, earned income tax, and retirement income tax generated to B were total of 335,365,130 won (excluding additional dues) as listed in the following table.

Afterward, the Defendant, instead of B on November 3, 2017, paid KRW 50,00,000 to Wancheon Tax Office for the payment of KRW 50,00,00,00, the remaining amount of the tax liability, including the additional dues in B as of June 2018, is the total of KRW 39,86,060 as indicated in the following table:

(3) On December 31, 2015, global income tax of 14, 737, 604, 422, 940 global income tax on December 32, 2015, 32, 112, 704, 251, 230, 2303, 207. 8. 4. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 20, 207, 207, 208. 4. 8. 8. 14, 207, 208, 207, 208, 300, 2907, 648, 240, 2404, 240, 404, 308, 201, 316, 2015.