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(영문) 대구지방법원 2018.12.20 2018가합203436

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) B, on August 13, 2015, transferred each of the land located in C and D, G, and on October 20, 2015, on the premise that each of the said land constitutes farmland subject to reduction or exemption of capital gains tax, the Plaintiff’s preliminary return of KRW 62,783,550 to the head of the Gu-U.S. Tax Office under the premise that each of the said land falls under farmland subject to reduction or exemption of capital gains tax, and on October 30, 2015, the said capital gains tax (hereinafter “instant capital gains tax”).

(2) On July 1, 2016, the former U.S. Head of the tax office paid the payment deadline on July 31, 2016, on the ground that each of the lands listed in the foregoing paragraph (1) is not farmland subject to reduction or exemption of capital gains tax, and additionally determines and notifies the amount of capital gains tax of KRW 204,113,520 (hereinafter “instant additional capital gains tax”).

(B) B) The remittance act B against the Defendant in this case was remitted KRW 250,000,000 to the account in the E bank account in the name of the Defendant, the ASEAN, August 13, 2015 (hereinafter “instant remittance act”).

c. B’s asset status immediately before the instant remittance act was 73,424,166 won as listed below, and 486,170,194 won active property was 247,253,972 won more than the negative property. Posisi, G240,000 U.S. 1, G240,000 U.S. 147,000 147,000,000, 16736, 67,000 U.S. 46, 67,000, 667, 67, 67, 67, 47, 67, 67, 67, 67, 47, 67, 67, 67, 47, 67, 67, 67, 375, 47, 67, 47, 765, 47, 196, 7, etc. of the instant land and its ground.