사해행위취소
1. A sales contract concluded on December 1, 2016 between the Defendant and B (C) on real estate listed in the separate sheet between the Defendant and B (C).
1. Facts of recognition;
A. On December 1, 2016, the head of the competent public tax office under the Plaintiff-affiliated Tax Office notified each of the value-added tax and the comprehensive income tax for the year 2012 through 2015, as shown in the attached Table, on December 1, 2016, for B, which is operating the place of business under the name of “D” (the service date of the notice is December 6, 2016), but B is delinquent in national taxes of KRW 637,60,70 as of the filing date of the instant lawsuit.
B. On December 1, 2016, the date of the Plaintiff’s notice of tax payment, B entered into a sales contract with the Defendant as to the real estate (hereinafter “instant real estate”). On December 16, 2016, B entered into the instant sales contract with the Defendant (hereinafter “instant sales contract”) and completed the ownership transfer registration as stipulated in Paragraph 2 of the Disposition (hereinafter “instant transfer registration”).
C. Meanwhile, at the time of the instant sales contract, B owned the real estate of this case which was located within the scope of its active property at the time of the instant sales contract (the market price is equivalent to 120,000,000 won), the total amount of more than 790,000,000 won, including 6222,015,260,260 won as shown in the attached Table against the Plaintiff, 259 square meters of land E and factories and offices on the ground of the Seoul Special Self-Governing City, Seoul Special Self-Governing City, and 1,2,3 Dong (the total market price is equivalent to 430,00,000 won), 705, 602, 7005, 602, 700,000,000 won (the market price is equivalent to 240,000,000 won,00 won, 171,64636,1964, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings
2. Determination
A. We examine the establishment of a fraudulent act, and harming the creditor who is the object of the obligee's right of revocation. The act is a juristic act which is the object of property right, and thereby exceeds the obligor's positive property or exceeds the obligation.