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(영문) 수원지방법원성남지원 2016.08.25 2014가합208299

사해행위취소

Text

1. The sales contract concluded on April 2, 2013 between the Defendant and B concerning each real estate listed in the separate sheet was 62,80.

Reasons

1. Facts of recognition;

A. On February 7, 2013, the head of Sungnam Tax Office, the Plaintiff’s taxation claim against B, sent a notice of the anticipated tax amount of KRW 2,164,805,409 regarding the resale of unregistered real estate during the period from 2007 to 2011. On April 4, 2013, he/she determined global income tax amount of KRW 2,164,805,380 and notified that he/she pay it by April 30, 2013.

The detailed default details are as listed in the following table, and B did not pay the above taxes, and as of the date of the instant lawsuit, the total delinquent tax amount of global income tax and additional dues reaches KRW 2,697,347,040.

The due date for the payment of global income tax for the year to which the tax item belongs shall be December 31, 201, 201; the due date for the payment of global income tax for the year to which the tax item belongs; and the due date for the payment of global income tax for the year to which the tax item belongs; December 31, 201, 209, December 31, 201, 31, 201, December 31, 201, 2009, December 31, 31, 201, 2009: < Amended by Act No. 15284, Apr. 1, 2013; Act No. 938, Dec. 38, 2008; Act No. 9804, Dec. 412, 2007

B. On April 3, 2013, B purchased each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on April 3, 2013, B completed the registration of ownership transfer for each of the following reasons: (a) the Defendant, who is the husband of female C, was the Plaintiff of the instant real estate (hereinafter “instant sales contract”) with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”); and (b) the registration of ownership transfer was completed on April 2, 2013.

C. Insolvent B, at the time of the conclusion of the instant sales contract, the small assets were in excess of the positive assets.

At the time of the instant sales contract for the instant real estate Nos. 2, 3, and 4, the establishment registration of a mortgage (hereinafter “mortgage”) was completed on December 22, 201 with the maximum debt amount of KRW 91,00,000 as joint collateral, and the establishment registration of a neighboring district livestock cooperative, Gwangju District Livestock Cooperative (hereinafter “instant secured mortgage”). However, at the time of the instant sales contract, the actual secured debt amount was KRW 70,000,000 at the time of the instant sales contract.

On the other hand, the said D Forest land was commenced after the instant contract was concluded.