이 사건 증여계약은 사해행위에 해당하므로 취소되어야 함[국승]
The gift contract of this case constitutes a fraudulent act and must be revoked.
Since the gift contract of this case entered into by a delinquent taxpayer to the defendant constitutes a fraudulent act detrimental to the creditor, the defendant must cancel the gift contract of this case.
2018Du23097 Revocation of Fraudulent Act
Korea
OO
Pleadings without Oral Proceedings
December 12, 2018
1. (a) The defendant and AA shall revoke a donation agreement concluded on August 21, 2017 with respect to the real estate listed in the attached Table 1, 97/1,824 shares among the real estate listed in the attached Table 1, the real estate listed in the attached Table 2, and the real estate listed in the attached Table 3, respectively.
B. The Defendant shall pay to the Plaintiff 5% interest per annum from the day following the day when the judgment of this case became final and conclusive to the day of complete payment.
2. (a) On August 21, 2017, a donation agreement concluded on August 21, 2017 between the Defendant and AA with respect to 142/339 of the real estate listed in the attached Table 4 shall be revoked.
B. On December 12, 2017, the Defendant shall comply with the procedures for registration of cancellation of ownership transfer registration completed by OOOOOOO in the O district court with regard to shares of 142/39 of the real estate listed in the attached Table 4 in the attached Table 4.
3. (a) The contract of donation concluded on December 11, 2017 between the defendant and AA with respect to 4.79 percent of the real estate listed in the attached Table 5 attached hereto shall be revoked.
B. On December 12, 2017, the Defendant shall implement the procedures for the cancellation of ownership transfer registration completed by the OOOOOOO of the O district court with respect to the shares of 4.79/4 of the real estate listed in the attached Table 5, among the real estate listed in the attached Table 5.
4. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claim;
The reasons for the attached Form shall be as shown in the attached Form.
2. Applicable provisions;
Articles 208(3)1 and 257(1) of the Civil Procedure Act (Judgment without holding any pleadings)