채무초과 상태에서 법인과 자신의 유일한 부동산을 매매한 것은 사해행위에 해당함[국승]
purchase and sale of a corporation and its sole real property under excess of liabilities constitutes a fraudulent act.
Since each of the above contracts is a fraudulent act, so the sales contract and the gift contract should be revoked, since the contract is a fraudulent act, since it can be recognized that the contract has been made for the only real estate of the corporation and its representative.
2011. Revocation of fraudulent act
Korea
XX Co., Ltd
April 4, 2012
May 2, 2012
1. As to real estate listed in Appendix 1:
A. Revocation of the sales contract concluded on May 6, 201 between the Defendant and Nonparty BA, and:
B. The Defendant and Nonparty BA implement the procedure for cancelling the registration of cancellation of ownership transfer registration, which was completed on May 12, 201 by the receipt of No. 27962 on May 12, 2011.
2. As to the real estate listed in the attached list 2
A. Revocation of a gift agreement concluded on September 19, 201 between the Defendant and Nonparty BA, and:
B. The Defendant shall implement the procedure for registration of cancellation of ownership transfer registration that was completed on September 21, 201 by the Seoul Southern District Court Gangseo-gu Office of Registry of Seoul Southern District Court as the receipt of No. 5700 on September 21, 20
3. The costs of lawsuit shall be borne by the defendant
The same shall apply to the order.
1. Facts of recognition;
A. The director of the Seocho-do Tax Office decided and notified 000 won of gift tax to Nonparty A with respect to capital increase with capital increase with equal equality, etc., as follows, he/she had the duty to pay 000 won of national tax ( gift tax) to the Plaintiff as of May 6, 2011 and September 19, 2011.
B. On May 6, 2011, AA entered into a sales contract with the Defendant, a corporate representative, with respect to real estate indicated in the attached Table 1, and completed the registration of transfer of ownership as to the said real estate stated in the attached Table 1(b). In addition, on September 19, 2011, BA entered into a donation contract with the Defendant on real estate listed in the attached Table 2, and completed the registration of transfer of ownership as to the said real estate stated in the attached Table 2(b).
C. At the time of May 6, 201, the date of the instant sales contract, Na was a small property, bearing a debt of KRW 000 in the amount of national tax in arrears. However, as active property, each of the instant real estate (total assessed value: 00 won) was owned, and was in excess of the debt. The same applies to September 21, 201.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5 (including each number), the purport of the whole pleadings
2. Determination
According to the above facts of recognition, AA may recognize the fact that it has concluded a gift and sales contract on the only real estate with a corporation whose representative is in excess of the debt, and each of the above contracts shall be deemed as fraudulent act.
Therefore, the above sales contract concluded on May 6, 201 and the above donation contract concluded on September 21, 201 between the defendant and the non-party A shall be revoked, and the defendant is obligated to implement each registration procedure for the cancellation of ownership transfer registration completed on May 12, 201, the receipt of No. 27962, and the registration procedure for the cancellation of ownership transfer registration completed on September 21, 201, under the receipt of No. 55700, as to the real estate listed in the attached list 1, as to the real estate listed in the attached list No. 2. 2.
3. Conclusion
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.