사해행위취소
1. The gift contract concluded on September 2, 2015 between the Defendant and B on September 2, 2015 with respect to the portion of 1/2 of the building indicated in the attached list.
1. Basic facts
A. On June 30, 2015, the Plaintiff notified on September 4, 2015 that “C” would not pay KRW 9,160,150 of value-added tax for the first term portion of 2015, for which liability for tax payment was established on June 30, 2015; and that on September 4, 2015, the Plaintiff would pay KRW 10,286,400 of the aggregate of penalty tax to B by September 30, 2015.
B. On September 2, 2015, B entered into a contract to donate one-half shares to the Defendant (hereinafter “instant gift contract”) among the buildings listed in the separate sheet (hereinafter “instant building”) in which the Defendant, who is the mother, shared one-half shares (hereinafter “instant building”), and completed the registration of ownership transfer in the Defendant’s future on the same day.
C. B, at the time of the instant donation contract, the 1/2 equity interest in the instant building was the only real estate owned by it, and there were other deposit claims of KRW 2,494,134. However, the Plaintiff, including the above tax liability, was in excess of the liability, and was in excess of the liability.
【Facts without dispute over the grounds for recognition, Gap evidences 1 through 6, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. (1) A’s establishment of a fraudulent act is clear that the conclusion of the instant gift contract under which the only real estate owned by B was donated to the Defendant in excess of debt is an act that undermines the satisfaction of claims among the general creditors including the Plaintiff, and in light of the property status of B and the timing of the instant gift contract, B may be deemed to have been well aware of the aforementioned circumstances. Since the Defendant’s bad faith is presumed to have been presumed to have been the beneficiary, the instant gift contract cannot be revoked as a fraudulent act, barring any special circumstance.
(2) As to this, the Defendant was entrusted to the International Trust Co., Ltd. on November 13, 2013, but it is difficult to repay the loan due to the following high business failure and interest rate.