채무초과 상태에서 이 사건 골프회원권을 피고에게 양도한 것은 사해행위에 해당됨[국승]
The transfer of the instant golf membership to the Defendant in excess of obligations constitutes a fraudulent act.
Since golf membership in this case was transferred to the defendant while the debtor exceeded his obligation, the sales contract in this case between the debtor and the defendant constitutes a fraudulent act against the plaintiff who is the creditor, and the defendant's bad faith is presumed to constitute a fraudulent act.
2012 Ghana 210973 Revocation of Fraudulent Act
Korea
Medical Corporations AAA Medical Foundation
April 19, 2013
May 3, 2013
1. The sales contract on August 27, 2012 with respect to golf membership recorded in the attached list between the defendant and the JungB shall be revoked.
2. As to golf membership recorded in the annexed sheet, the defendant
(a) notify AAri Art Co., Ltd. that the sales contract described in paragraph 1 has been cancelled;
(b) comply with the transfer procedures of entry in the AAAS Golf Membership List Co., Ltd. to fixedB;
The same shall apply to the order.
The following facts are acknowledged by adding Gap's No. 4, 6, 7, and 9 to the above statement. Busan regional tax office, on July 7, 2012, notified the defendant to pay 00 won of value-added tax arising from the transfer of real estate located in Busan Dong-dong OOdong 000 until July 31, 2012, which had been conducting real estate leasing business to 200. The defendant's claim for the above golf membership as stated in the attached list No. 27 of August 27, 2012, which had not been paid value-added tax by the due date for payment, was 00 won as the transfer price for the above 1B to the defendant who was its representative director ("the sale contract of this case"). According to the above facts, the defendant's claim for 200 won as the transfer price for the above golf membership as the plaintiff's transfer price for 1B and the defendant's transfer of real estate to 200 won as the debtor's transfer price for the above 1B.