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(영문) 의정부지방법원 2015. 02. 10. 선고 2014가단120102 판결

체납자가 피고에게 한 이 사건 증여계약은 사해행위에 해당됨[국승]

Title

The gift contract of this case against the defendant by a delinquent taxpayer constitutes a fraudulent act.

Summary

The gift contract of this case against the defendant by a delinquent taxpayer constitutes a fraudulent act.

Related statutes

Article 81 of the Framework Act on National Taxes

Cases

2014 Ghana 120102 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

Maximuma

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

February 10, 2015

Text

1. The contract of donation concluded on May 16, 2012 between the Defendant and Nonparty b shall be revoked.

2. The defendant will implement the procedure to cancel the registration of transfer of ownership, which was completed by the receipt No. 0000 on October 0, 000, with respect to the real estate listed in the separate sheet to Nonparty Lee b.

3. The costs of lawsuit shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

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);