사해행위취소[국승]
Revocation of Fraudulent Act
The defendant shall cancel the contract of donation with respect to the real estate stated in the attached list and implement the procedure for the cancellation of the transfer registration of ownership completed by the Changwon District Court No. 18637, Mar. 6, 2006 (a non-litigation judgment)
Article 30 of the National Tax Collection Act
1. Indication of claim;
A. ○○○○○○ operated ○○○○○○ located in ○○○○○○○○○○○○○○○○○○○○○○○, which added the additional tax to KRW 12,89,280 on a one-year basis, on June 30, 2005, on the aggregate of ○○○○○○’s tax liability of KRW 13,595,831.
B. As above, ○○○ concluded a donation contract with the Defendant on March 3, 2006, which is the only property between the Defendant, who is the wife, on the ground that the Plaintiff’s taxation claim against ○○○ was highly probable in the near future since it did not pay the value-added tax for the first period of one year in 2005, and accordingly completed the registration of ownership transfer in the name of the Defendant on March 6, 2006.
(c)○○○ entered into a contract of gift on the real estate listed in the separate sheet with the intention of deception, and is presumed to have been maliciously committed by the Defendant. The above donation by ○○○○ constitutes a fraudulent act committed by harming the Plaintiff, who is the obligee, and thus seek the implementation of the procedure for cancellation of registration of cancellation of ownership transfer registration under the name of the Defendant, as
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);