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(영문) 청주지방법원 2015.07.15 2015가합20312

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B shared the purchase fund between the Defendant, one’s mother, and purchased from E, July 12, 2005, F forest land of 14,301 square meters and two lots (hereinafter “instant real estate”). The Defendant agreed to trust the name to the Defendant, and the Defendant purchased the instant real estate between E and E on June 20, 2005 under the name of the Defendant, and completed the registration of ownership transfer on July 12, 2005 under the name of the Defendant.

B. B sold the instant real estate in KRW 1 billion to G on July 1, 2011.

(hereinafter “instant trade”). C.

B received KRW 14,903,235 from G to the Defendant’s account of community credit cooperatives (Account Number C), KRW 234,00,000 from the Defendant’s account of community credit cooperatives (Account Number D), respectively, and received KRW 490,00,000 on March 12, 2012 from the Defendant’s account of community credit cooperatives (Account Number C; hereinafter collectively referred to as “each of the instant accounts”).

(hereinafter collectively referred to as “each of the instant payments”) D.

A transfer income tax of KRW 314,103,00 was imposed on B on the disposal of the instant real estate, but B did not pay a total of KRW 410,218,380 (= KRW 314,103,000) up to January 1, 2015, and was in excess of obligations at the time of each payment of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion B sold the instant real estate under his/her title trust to the Plaintiff and received a total of KRW 838,903,235, as stated in the details of each of the instant payments to the Defendant’s account, in excess of his/her liability, such as bearing tax liability against the Plaintiff, and deposited KRW 838,903,235 in the purchase price. This constitutes a fraudulent act as a gift contract (principal assertion) or a deposit owner’s title trust (preliminary assertion) and constitutes a fraudulent act, within the scope of KRW 410,218,3