사해행위취소
1. The contract of donation concluded on January 16, 2015 between the Defendant and B shall be revoked.
2...
1. Basic facts
A. B runs a telecommunications device sales business from January 1, 2014 to February 3, 2015. In relation to the operation of the business, B did not report the value-added tax return for the first and second taxable years in 2014 and the global income tax return for the second taxable years in 2014, even though the amount of sales of credit cards in 2014 occurred in KRW 2,263,242,640.
B. On February 2, 2016, the Plaintiff discovered the omitted portion and notified B of the rectification of KRW 219,764,480 of global income tax for the year 2014, and KRW 46,688,710 of value-added tax for the year 1, 2014, and value-added tax for the second period of February 2, 2014, and KRW 39,540,40 of value-added tax for the second period of February 2, 2014. The amount of national taxes in arrears in B as of May 25, 2016 are as follows:
Tax (unit) notified as of the date on which the liability to pay taxes was established for the amount of delinquent local taxes (units): The amount of delinquent local taxes (units): 2,263,242,640,640 on December 31, 2014; 219,764,480; 231,631,750 on December 31, 2014; 1,188,721, 348 on January 1, 2014; 36,721, 348; 46,68, 710 49; 890, 890 on February 1, 2014, 207, 305, 305, 307, 305, 475, 205, 2014;
C. B completed the registration of ownership transfer under the name of the Defendant on January 16, 2015 as to the real estate listed in the separate sheet (hereinafter “instant real estate”) in the Busan District Court Decision 2002Da3514, Jan. 16, 2015.
(hereinafter “instant donation contract”). D.
B was active property equivalent to KRW 84,00,000 at the time of the donation contract of this case, and 48,559,360 at the market price. On the other hand, a small property was a 45,032,819 won in the aggregate of each collateral security obligation of each of the above real estate, and a 305,93,590 won in arrears, and was in excess of liability.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 3, Gap evidence 5 to 9, Gap evidence 11, and the purport of whole pleadings
3. Determination
(a)the right of revocation on the existence of the preserved claim;