사해행위취소
1. Revocation of each gift agreement on the money stated in the attached Table 2 concluded between the defendant A and C;
2. Defendant A.
1. Basic facts
A. The director of the competent tax office issued C a notice of payment of transfer income tax for the year 2007 and 2008 to C, but C did not pay it. The delinquent amount of C as of June 2015, which was the time of the filing of the instant lawsuit, reaches the total of KRW 1,592,472,120 as shown in the attached Table 1.
B. On February 29, 2008, C transferred money to the account in the name of E or E (hereinafter “each of the accounts in this case”) that had been managing its own funds from March of the same year.
C. Thereafter, C had E transfer money from each of the instant accounts to the accounts designated by C, whenever money is needed.
From each of the accounts of this case, as shown in the attached Table 2, KRW 60 million was transferred from the F Bank Account under Defendant A (G; hereinafter “The First Deposit Account”) to the F Bank Account under Defendant A (hereinafter “the First Deposit Account”), and KRW 45,000,000 was transferred from the attached Table 3 to the H Bank Account under Defendant B (I; hereinafter “the Second Deposit Account”).
(hereinafter “instant transfer”) No. 2. E.
In addition, from the instant deposit account on December 14, 201 to the J bank account under Defendant B’s name on December 14, 201, KRW 20 million was transferred, and on September 16, 2012, KRW 5,000,000 was transferred to the Defendant K Bank account under Defendant B’s name.
(hereinafter referred to as the “third transfer of this case”) (hereinafter referred to as the “applicable ground for recognition”) / satisfy, evidence Nos. 2 through 10, evidence Nos. 3-1 through 3, each entry, and the purport of the whole pleadings
2. The parties' assertion
A. In the Plaintiff’s assertion, the first and second transfer of this case constitutes a fraudulent act and must be revoked as it constitutes a donation of money to the Defendants, knowing that C would prejudice the Plaintiff, who is a tax claim. If the first and second transfer account of this case is merely a borrowed name account of C, and thus, the first and second transfer of this case shall be revoked.