배우자에게 유일한 재산인 부동산을 증여한 것은 사해행위에 해당함[국승]
a donation of real property, which is the sole property of the spouse, constitutes a fraudulent act
If a debtor concludes a contract to donate real estate, which is his/her sole property, to the defendant in excess of his/her obligation, the contract shall be revoked as it constitutes a fraudulent act, and the defendant is liable to implement the procedure for cancellation of ownership transfer registration as
Article 30 of the National Tax Collection Act
Incheon District Court 2018Gadan252617 Revocation of Fraudulent Act
Korea
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Pleadings without Oral Proceedings
December 4, 2018
1. A donation agreement concluded on November 2, 2017 with respect to one-half portion of the real estate listed in the separate sheet between the defendant and Lee ○○○ shall be revoked within the limit of KRW 160,000,000.
2. The defendant shall pay to the plaintiff 160 million won with 5% interest per annum from the day after the day when this judgment became final and conclusive to the day of complete payment.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act;