사해행위취소
1. Revocation of a judgment of the first instance;
2. It was concluded on August 29, 2008 between the Defendant and the Defendant with respect to the F forest land 5,950 square meters inHanam-si.
1. Basic facts
A. B on March 20, 2007, sold D’s land and its ground (hereinafter referred to as “instant D’) to E for KRW 303,00,000,000, when aggregating the above land and housing, and the same year.
4. 17. The registration of transfer of ownership in the name of E with respect to the instant D housing was completed.
B. B, on August 29, 2008, donated (hereinafter “instant gift agreement”) 5,950 square meters of Fannam-si F forest land (hereinafter “instant real estate”) to the Defendant, his/her husband, his/her wife, and the same year.
9.1. The registration of transfer of ownership in the name of the defendant was completed on the instant real estate.
C. On November 1, 2008, the director of the Yangcheon Tax Office under the Plaintiff’s control issued each tax notice to B on November 30, 2008, upon setting the payment period on November 30, 2008 as capital gains tax of KRW 78,253,610, resident tax of KRW 7,825,360 (hereinafter “instant capital gains tax, etc.”) around December 2008 (hereinafter “instant capital gains tax, etc.”) with respect to the Plaintiff’s taxation claim, such as capital gains tax, against the Defendant.
On the other hand, on June 15, 2011, the Korea Electric Power Corporation established sectional superficies over public spaces of between 29.0 meters and 49 meters in the upper end of the land surface through which the transmission line among the instant real estate was passed by the Defendant, and paid KRW 31,913,830 as the land rent.
[Ground of recognition] Facts without dispute, Gap 3 through 6, 9, 11, 15, and the purport of the whole pleadings
2. The defendant's defense as to the main defense is unlawful, since the plaintiff's lawsuit of this case was filed one year after the plaintiff became aware of the grounds for revocation.
In the exercise of creditor's right of revocation, "the date when the creditor becomes aware of the cause for revocation" means the date when the debtor becomes aware of the fact that he/she committed a fraudulent act while being aware that he/she would prejudice the creditor. This is insufficient to simply recognize the fact that the debtor conducted a disposal of the property, and further, the debtor is aware of the existence of a specific fraudulent act.