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(영문) 전주지방법원 2019. 03. 21. 선고 2018가단25597 판결

이 사건 토지의 증여가 사해행위에 해당하는지의 여부[국승]

Title

Whether the donation of the land in this case constitutes a fraudulent act

Summary

In fact, the Defendant’s donation of the land in excess of the delinquent’s debt by receiving the instant land, and the donation of the land in excess of the delinquent’s whole property constitutes fraudulent act for the purpose of disposition on default.

Related statutes

Article 30 of the National Tax Collection Act

Cases

Jeonju District Court-2018-Ban-25597

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

2019.03.21

Text

1. The gift fraternity concluded on March 26, 2018 between the defendant and BB regarding the real estate listed in the separate sheet;

(b) cancel the drug.

2. The defendant shall register the Chuncheon District Court's original branch with respect to the real estate stated in the attached list to Cho Nam-jin.

In April 5, 2018, the procedures for registration of cancellation of ownership transfer registration completed by Law No. 2006 will be implemented.

3. The costs of lawsuit shall be borne by 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;

Article 208(3)1 of the Civil Procedure Act and the main sentence of Article 257(1)