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(영문) 대구지방법원 포항지원 2013. 11. 19. 선고 2013가단302240 판결

채무자와 피고 사이의 이 사건 부동산 증여계약은 사해행위임[국승]

Title

The contract of gift of this case between the debtor and the defendant is a fraudulent act.

Summary

The real estate donation contract of this case between the debtor and the defendant is known that it would prejudice a taxation right holder to be exempted from any disposition on default of national taxes.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Cases

2013 Ghana 302240 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

Park ○

Conclusion of Pleadings

November 5, 2013

Imposition of Judgment

November 19, 2013

Text

1. The contract of donation concluded on December 10, 2010 with respect to each of the real estate listed in the separate sheet between the defendant and Lee ○○ shall be revoked within the scope of ○○○○○.

2. The defendant shall pay 00% interest per annum to the plaintiff at the rate of 5% from the day following the day when the judgment of this case became final and conclusive to the day of complete payment.

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 claims: It shall be as shown in attached Form; and

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

The cause of the claim shall be omitted.