사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant in relation to the parties is the one in B.
The transfer of each real estate in the instant case was paid in advance in the form of a loan with respect to 19,104m2 and 628m2 of forest land E (hereinafter “each real estate in the instant case”) between Changwon-si and C. However, at the time when land transaction permission, etc. is possible, the transfer contract was entered into with C with the purport that the loan in the instant case should be converted into the transfer price of land pursuant to the said transfer contract. The F transferred money to B through H on August 16, 201 pursuant to the said transfer contract. < Amended by Presidential Decree No. 23135, Sep. 29, 2011; Presidential Decree No. 23100, Nov. 23, 2011; Presidential Decree No. 23282, Sep. 29, 2011; Presidential Decree No. 23500, Oct. 23, 200, 2000; Presidential Decree No. 219,8593>
Since then, B determined the amount of transfer as KRW 65,00,000 between C and C on July 25, 2012, and on July 27, 2012, C completed the registration of transfer for each of the instant real estate on July 25, 2012.
On October 5, 2011, B issued one cashier’s check (one check number: I) to the Defendant at the face value of KRW 125,000,000,000 (hereinafter “instant delivery”).
The Plaintiff reported KRW 650,00,000 as the price for the transfer of each real estate in this case to the Plaintiff B, and the Plaintiff decided to pay KRW 146,478,738 on December 31, 2012 (=230,824,239,239 KRW 83,501) for each real estate in this case upon setting the payment deadline to B on December 31, 2012.
[Ground of recognition] The plaintiff asserted the purport of Gap's evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings as to the plaintiff's assertion of the purport of the whole pleadings was not long from the delivery act of this case, and thus, the transfer income tax of 146,478,738 won and additional tax claims were imposed thereon.
B At the time of delivery of the instant case.