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(영문) 서울남부지방법원 2017.11.09 2016가단262066
사해행위취소
Text

1. On December 30, 2015, an agreement between the Defendant and C with respect to the share of 470/620 out of 620 square meters in Kimpo-si, Kimpo-si.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C has a claim against C in the aggregate of KRW 78,493,630 of the following local taxes.

(1) Property tax imposed on D and six parcels of real estate owned by C on September 6, 2015, KRW 9,29,850 (2) C is imposed on the transfer of real estate in Gyeonggi-si on December 1, 2015, and KRW 24,85,250 (3) of local income tax (global income) imposed on January 8, 2016, KRW 902,040 (4) of local income tax (global income) imposed on January 11, 2016, which was imposed on the transfer of real estate in Gyeonggi-si and six parcels of land owned by C, and KRW 41,9,850 (2) is imposed on the transfer of real estate in Gyeonggi-si on January 23, 2015, KRW 130,06,570 (5) is reverted to the local income tax (global income tax) imposed on March 1, 2016, KRW 16,306,570 (16,205) of global income tax (36).5).

B. On December 30, 2015, a pre-sale C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant, his former wife, and completed the registration of ownership transfer on July 19, 2016, with the Defendant on December 30, 2015, with respect to the share of 470/620 square meters (hereinafter “instant real estate share”) out of 620 square meters in Kimpo-si B, Kimpo-si, which was owned by C as of December 30, 2015.

C. The market price of the instant real estate share at the time of December 30, 2015 is KRW 576,690,000.

In addition, as of September 1, 2017, the market price of the instant real estate share is KRW 660,660,000.

1) The current status of the right to collateral security, which had been established for the instant real estate portion by setting the debt of C as the secured debt, is as follows. Serially, creditor and mortgagee at the time of the instant promise to sell and purchase the instant real estate, the joint collateral amount of the secured debt (at the time of the instant promise to sell and purchase) 1,248,000 won and the joint collateral amount of 1,248,000 won and 2 G 155,000,000 won (joint collateral) are common to the joint collateral.

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