이 사건 부동산 증여계약은 사해행위에 해당하는 것으로 취소대상에 해당함[국승]
The real estate donation contract of this case constitutes a fraudulent act and constitutes a subject of revocation.
The real estate donation contract concluded on December 30, 201 between the defendant and the non-party BB and the real estate donation contract concluded on January 25, 2012 shall be revoked within the limit of 000 won as it constitutes a fraudulent act.
2012 Gohap 544297 Revocation of Fraudulent Act
Korea
KimAAA
April 17, 2013
May 1, 2013
1. The contract of donation concluded on December 30, 201 with respect to the real estate stated in the list 1 and paragraph (2) of the attached Table between the defendant and the non-party BB, and the contract of donation concluded on January 25, 2012 with respect to real estate stated in paragraph (3) of the same list shall be revoked within the limit of 00 won.
2. The defendant shall pay to the plaintiff 00 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.
3. The costs of lawsuit shall be borne by the defendant.
The same shall apply to the order.
1. Indication of claim;
As of December 31, 2010, the Plaintiff had a claim for the delinquent tax amount of KRW 000,000 against Nonparty NewB, but the newB, the spouse, donated the real estate listed in paragraph 3 of the attached Table Nos. 1 and paragraph 2 on December 30, 201, and the real estate listed in paragraph 3 of the same Schedule on January 25, 201, causing or deepening the shortage of common security for general creditors, and at the same time seeking restitution as a fraudulent act.
2. Applicable provisions;
Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)