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(영문) 청주지방법원 충주지원 2013. 02. 21. 선고 2012가합1450 판결

채무 초과 상태에서 그 유일한 재산인 이 사건 각 부동산을 매각하여 소비하기 쉬운 금전으로 바꾼 행위로서 사해행위에 해당함[국승]

Title

of this case, the sole property of which is the property in excess of its liabilities, is converted into money which is readily usable by selling each of the instant real property.

Summary

Each of the instant contracts between the Defendant and the originalB should be revoked within the limit of KRW 000,00, which is the value of the instant tax claims, which is the value of the instant tax claims, by selling each of the instant real property, the sole property of which the originalB had exceeded its liabilities, and which constitutes fraudulent acts within the scope of KRW 00,000, which is the only property of which the originalB

Cases

2012 Gohap 1450 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

AAG Green Company

Conclusion of Pleadings

February 7, 2013

Imposition of Judgment

February 21, 2013

Text

1. between the defendant and the non-party BB, and

(a) On November 16, 201, the sales contract concluded on November 16, 201 with respect to Nos. 1 through 4 of the real estate listed in the separate sheet, and

(b) An agreement implementation arrangement concluded on November 16, 201 with respect to each real estate listed in the separate sheet No. 5 and six times shall be revoked within the limit of 00 won each.

2. The defendant shall pay to the plaintiff 00 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

3. The costs of lawsuit shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

The plaintiff had a total of 00 won of income tax and additional tax for the business year 2009, and 000 won of interim prepayment tax for the business year 201, and 000 won of additional tax (hereinafter referred to as "tax claim of this case") with respect to each of the above real estate owned by the non-party B B (hereinafter referred to as "B") with respect to 00 won and 200 won of each of the above real estate owned by the owner of each of the above real estate in its separate list (hereinafter referred to as "each of the above real estate"), with respect to 00 won and 20 won of each of the above real estate purchased from the owner of each of the above real estate at the same time after the conclusion of the tax claim of this case, and 10 won of each of the above contracts with the owner of each of the above real estate, and 20 won of each of the above contracts with the owner of each of the above real estate at the same time after the conclusion of the contract of this case, and 1.5% of each of the above agreement.

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