사해행위취소
1. Of the judgment of the court of first instance, the part concerning the conjunctive claim against the defendant B and C shall be revoked, and the plaintiff's defendant B and C shall be revoked.
1. In relation to the claims against Defendant B and C, the Plaintiff sought from the first instance court for the revocation of fraudulent act with respect to the real estate stated in the list 2, 3, and 4 and implementation of the procedure for registration of cancellation of ownership transfer due to restoration to the original state, and sought implementation of the procedure for registration of cancellation of ownership transfer as to each of the above real estate due to the exercise of the exercise of the right to claim cancellation of the invalidity of the cause by the preliminary claim. The first instance court dismissed the primary claim against the above Defendants and accepted the conjunctive claim, respectively.
As the Defendants appealed, only the aforementioned Defendants shall be determined only on the ancillary claim.
2. The following facts may be found either as a dispute between the parties or as a whole to the entries in Gap evidence 2 to 7 (including branch numbers).
1) The chief of the tax office under the Plaintiff’s umbrella Tax Office is the E Co., Ltd. (hereinafter “E”) on February 25, 2013.
A) A tax investigation conducted on April 3, 2013, E served a notice of tax payment of KRW 97,580,104 of corporate tax for the business year 201 ( May 31, 2013) (the due date for payment). However, E did not pay the above amount of tax even after the due date for payment; 2) On June 20, 2013, upon designating D as the representative director and oligopolistic shareholder of E as the secondary taxpayer pursuant to Article 39 of the Framework Act on National Taxes, the head of the tax office having received the notice of tax payment of KRW 342,348,540 of the shares ratio of D out of the amount of arrears of E up to that time, and D received the said notice of tax payment on July 22, 2013.
(A) The Plaintiff’s claim against D due to the above notice of payment (hereinafter “instant tax claim”). However, D did not pay the above corporate tax until now. The amount of delinquent taxes, including additional charges, around the time of filing the instant lawsuit, including the amount of delinquent taxes, was 366,279.