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(영문) 광주지방법원목포지원 2014.10.16 2014가합10088
사해행위취소
Text

1. Revocation of a monetary donation agreement of KRW 238,00,000, which was concluded on April 23, 2012 between the Defendant and B.

2. The defendant.

Reasons

1. Basic facts

A. The Defendant’s husband B, on October 12, 2002, lent the name of his mother C, and purchased the registration of ownership transfer by purchasing the D large scale 205 m205 m2.1m2 on the ground, and on August 26, 2003, multi-household housing (hereinafter “D real estate”) with three-storys on the ground.

(2) On September 7, 2010, B entered into a contract to sell the above D real estate to China in the name of KRW 1,350,000,000, and completed the registration of ownership transfer in the name of E on the same day ( September 7, 2010), but B did not report transfer income tax to the Plaintiff during the said sale process.

3) On March 22, 2012, B entered into a contract to sell approximately 1086.3 square meters to G 424,000,000 square meters, which is its owner, and completed the registration of ownership transfer in the name of G on the same day ( March 22, 2012) (hereinafter “instant notice”), the head of Gu-gu Tax Office, the Plaintiff’s head of Gu-based Tax Office, notified B of the payment of KRW 251,653,570 to B by July 31, 2012 (hereinafter “instant notice”), but B did not pay the said amount until the date of closing the argument of the instant case. The aggregate of the capital gains tax and its additional tax as of January 10, 2014, as of the same day, is indicated in the list of KRW 310,540,450 (hereinafter the same shall apply).

Table 1

B. B and the Defendant deposited the remainder of KRW 203,686,394 out of the real estate purchase price referred to in “A. 3.” with B’s account on March 22, 2012, G deposited KRW 203,686,394 from the real estate purchase price referred to in “A. 3.......” On April 2, 2012, B deposited KRW 202,00,000 in cash and KRW 1,00,000 in cash and KRW 203,00 in total on the same day ( April 2, 2012).

2) On April 18, 2012, the Defendant: (a) entirely transfers 249,000,000 won in the balance of the said account to another account under one’s name (which shall be 238,000,000,000 won out of the total amount after transferring it to K of the Bank under one’s name.

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