납세의무 성립일 이후 체결된 상속 재산 분할 협의에 따른 상속포기는 사해행위에 해당함.[국승]
The renunciation of inheritance following the consultation on the division of inherited property concluded after the date of establishment of tax liability shall constitute fraudulent act.
The act of a delinquent taxpayer to waive inheritance by preparing a written agreement on division of inherited property after the establishment of national tax liability constitutes a fraudulent act.
Article 30 of the National Tax Collection Act
Jeonju District Court 2016Kadan57982 Revocation of Fraudulent Act
Korea
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Pleadings without Oral Proceedings
March 28, 2017
1. 2/9 of each real estate listed in the separate sheet 1 between the defendant and the non-party AA (**************)
On September 2, 2013, the agreement on division of inherited property concluded on September 2, 2013 has been revoked, and the defendant is the
Non-Party AA (******************) 2/9 of each real estate listed in the separate sheet 1*
For the revocation of fraudulent act, the registration procedure for ownership transfer will be implemented.
2. As to 2/9 of the real estate listed in the separate sheet 2 attached hereto between the defendant and the non-party AA
The Agreement on Division of Inherited Property concluded on September 2, 2013 has been revoked within the limit of KRW 7,055,550, and
The defendant shall pay to the plaintiff KRW 7,055,550 and its payment from the day after the day when the judgment of this case became final and conclusive.
By the day, 5% interest per annum shall be paid.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claim;
annex 'The reasons for the claim'; as the description.
2. Applicable provisions;
Article 208(3)1 of the Civil Procedure Act (a judgment without a pleading)