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(영문) 전주지방법원 군산지원 2019. 08. 29. 선고 2019가단53172 판결

사해행위 여부[국승]

Title

Whether a fraudulent act is committed

Summary

The gift contract on the 1/2 shares of real estate between the delinquent taxpayer and the defendant constitutes a fraudulent act, and the delinquent taxpayer was aware that such act was prejudicial to the general creditors, and the defendant's bad faith is recognized as a beneficiary, so it constitutes a fraudulent act.

Related statutes

Article 30 of the National Tax Collection Act

Cases

Jeonju District Court 2019Na53172 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ ○

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

.08.29

Text

1. AA’s revocation of a donation agreement concluded on November 9, 2018 with respect to one-half share of the real estate listed in the separate sheet between the Defendant and AA.

2. The Defendant shall comply with AA with the procedure for registration of cancellation of ownership transfer registration completed under the receipt of No. 40789, Nov. 13, 2018, with respect to the 1/2 shares of the real estate listed in the separate sheet, as to the 1/2 shares of the real estate listed in the separate sheet.

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