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(영문) 부산지방법원 동부지원 2007. 05. 03. 선고 2007가단3935 판결

국세체납자가 배우자에게 부동산 증여한 행위가 사해행위에 해당하는 지 여부[국승]

Title

Whether the act of a delinquent taxpayer’s donation to his spouse constitutes a fraudulent act

Summary

If the only real estate owned by a person delinquent in national taxes has been registered for transfer of ownership by reason of donation to the spouse, it can be considered as a fraudulent act.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Text

1. The contract of donation concluded on December 2, 2005 between the defendant and Lee ○○ shall be revoked.

2. The defendant will implement the procedure for registration of cancellation of ownership transfer registration completed on December 15, 2005 by the ○○ District Court ○○○ Branch ○○○ Branch ○○○ Branch ○○○ Branch ○○○○ Office ○, which was completed on December 15,

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

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