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(영문) 서울남부지방법원 2016. 08. 31. 선고 2016가단227704 판결

이 사건 증여계약은 사해행위에 해당함[국승]

Title

The gift contract of this case constitutes a fraudulent act

Summary

Since the gift contract of this case constitutes a fraudulent act, the contract of this case is revoked and the procedure for cancellation of registration of cancellation of the entire share transfer of each real estate of this case is implemented.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Cases

2016 Ghana 227704 Revocation of Fraudulent Act

Plaintiff

1. Korea;

Defendant

1. AA;

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

August 31, 2016

Text

1. 피고와 BBB[XXXXXX-XXXXXXX, OO OOO OOOOOOO XX-XX, OXX호 (OOO, OOOO)] 사이에 별지 목록 기재 각 부동산에 관하여 2015. 11. 24. 체결한 증여계약을 취소한다.

2. The defendant shall not be less than BB:

A. The registration of transfer of the entire share completed under No. 40348 of the receipt on December 15, 2015 with respect to the share of 3/144 of the real estate listed in the Attachment List 1.3

B. The registration procedure for cancellation of the entire share transfer registration completed under No. 25378, Dec. 3, 2015, is implemented with respect to the share of 3/24 of the real estate listed in the separate sheet 2. 3/24 of the real estate listed in the separate sheet 3. 48 of the real estate listed in the separate sheet 3. 3.

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

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);