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(영문) 서울서부지방법원 2016. 09. 02. 선고 2016가단232613 판결

피고와 체납자 000사이에 이 사건 부동산에 관하여 체결된 상속재산분할혐의가 사해행위에 해당하는지 여부[국승]

Title

Whether a suspicion of division of inherited property constitutes a fraudulent act between the defendant and the defaulted taxpayer 000 on the instant real property

Summary

Since the suspicion of division of inherited property between the defendant and the delinquent taxpayer 000 constitutes a fraudulent act, it shall be revoked. The defendant shall implement the procedure for cancellation registration of transfer of ownership on the ground of restitution to the delinquent taxpayer 00 with respect to the real property in this case.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Cases

Seoul Western District Court 2016 Ghana 232613 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ ○

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

2016.09.02

Text

1. On July 19, 2011, the agreement on the division of inherited property concluded on July 19, 201 between the defendant and the non-party ○○○○ (○○○○○-○○○○○○○○○) with respect to 3/15 of the real estate listed in the separate sheet is revoked.

2. On May 7, 2014, the Defendant shall implement the procedure for the registration of cancellation of ownership transfer registration completed by the receipt No. 000 on May 7, 2014 with respect to the portion of 3/15 of the real estate in the separate sheet to Nonparty ○○○.

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

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: as shown in Appendix 1.

2. Displacement: Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);