모녀사이의 유일 부동산 증여와 사해행위의 성립[국승]
Real estate donation and establishment of fraudulent act between women
The act that a delinquent taxpayer donated real estate to his/her child after taxation constitutes a fraudulent act detrimental to joint security in relation to the general creditor.
Article 406 of the Civil Act
2014Na10091 Revocation of Fraudulent Act
Korea
A Kim A
June 5, 2014
June 26, 2014
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Cheong-gu Office
1. Purport of claim
The agreement on the donation of June 22, 2009 between the defendant and the non-party B on the real estate listed in the separate sheet between the defendant and the non-party B shall be revoked within the limit of KRW 00,000,000. The defendant shall pay to the plaintiff 5% interest per annum from the day following the day when the judgment of the court of first instance becomes final to the day of full payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The reasons for the court's explanation concerning this case are as follows: "the director of the tax office of the 10th 10th 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th.)".
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.