사해행위취소
1. B(C) housing with reticulator and just roof of the cement tank and just roof in Yeongdeungpo-gu Seoul Metropolitan Government (C).
① On July 2, 2010, B was liable for capital gains tax of KRW 151,756,836 to the Plaintiff with respect to the transfer of real estate outside 57,747 square meters and six parcels of land in Jeju-si. ② On February 1, 2011, B entered into a sales contract with the Defendant to sell the instant real estate, which is one of its sole property, at KRW 90,000,000 (hereinafter the instant real estate sales contract) and completed the registration of transfer on the 14th of the same month with the Seoul Southern District Court receipt Office of Yeongdeungpo-gu, Seoul, Seoul, and completed the registration of transfer on the 14th of the same month. ③ After that, on August 6, 2012, the Defendant married with F, who is an son of the above B, and thus became liable for the settlement of the relocation report between B and B, and the Defendant did not have any dispute between B and B on February 15, 2011, and the Defendant completed the move-in report with No.25.
According to the above facts, B and the defendant sold the real estate of this case, which is the only property of the defendant, under the presumption that B will be liable to pay capital gains tax to the plaintiff in the near future, and the real estate sales contract between B and the defendant constitutes a fraudulent act as an act of reducing the general creditor's property of the plaintiff et al., and it is presumed that B and the defendant's intention is reasonable in light of the transaction circumstance and the relationship between B and the defendant.
Therefore, barring any other special circumstances, the instant real estate sales contract shall be revoked, and the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration, which was completed on February 14, 201 by the Seoul Southern District Court registration office of Yeongdeungpo-gu, Seoul District Court on the instant real estate, to restore the original state to the original state B.
In regard to this, the Defendant entered into the instant real estate sales contract with B before marriage with F, and made the sales amount.