Revocation of Fraudulent Act

The Defendant’s donation of the instant real estate to the Defendant is merely a performance of the obligation as an inheritor and does not constitute a fraudulent act.

§ 406. Revocation of Civil Code

Gwangju District Court 2013Kadan5342

The defendant's assertion that only the real estate of heading 1 through 7 was entered in the above sales contract (No. 6)

There is an interest rate.

③ According to the records on the settlement of accounts of May 10, 2010, the Defendant’s internally prepared Kim00, 00 factories

Total amount of 1,670,000,000 and 1,056,00,000 for factory value of 00

approximately KRW 2,726,00,000 and about KRW 3.7 billion in the liability of Kim 00 to apartment houses, deposits, etc.

The discharge of this claim is due to the excessive obligation of Kim 00 as above.

In addition to the 00 Benerri factory's property, the situation in which the personal property of Kim 00 has to be combined has to be changed.

In other words, each real estate of this case, which was adjacent to the factory site of 00 belare 00, is also avoided.

It is reasonable to see that it has been transferred to High Court.

④ Business transfer and takeover entered into on March 21, 2010 between the defendant and the country of 00 represented by Kim Jong-soo.

According to the contract, Kim 00 won 1,056,00,000 won for the defendant

(2) If the debt exceeds its capital as an additional part of the capital stock (including the 00 factory contract)

00(the transferor's wife) stated that the property should also be transferred, and according to this, the following:

The above 00 factories and 00 factories and 00 because of the excessive debt between the defendant Kim 00, 00 at that time

There was a perception that all of the factories may not be able to fully repay their liabilities even if they are factories; and

in the event that the liabilities exceed the capital stock, the agreement to transfer the assets of the State0 to the

Each real estate of this case, which was adjacent to the above 00 factory as ownership of Kim 00, also was adjacent to the above 00 factory

As a matter of course, it is reasonable to see that he/she becomes subject to transfer to the defendant (see, e.g., this premise

In the absence of the defendant, the defendant shall take over 00 beer projects, etc. on the condition that he takes over the obligations of Kim 00.

I would not have been involved).

(5) Land category of 1 through 6, 8 through 10 of this case shall be land for factory, and Part VII of this case.

While movable property is a factory, the land category of each of the instant real property is all transferred, and the building is a factory.

adjacent warehouse, and in light of the fact that the category of the real property of No. 18 to 21 of this case is the answer, 00 Doz.

The registration of the above real estate under the name of the defendant was delegated to the whole of the above real estate, but errors by a certified judicial scrivener red0

of this case, the defendant thought that it is impossible for him to acquire farmland

I agree with the fact that the registration of ownership transfer has been completed first (the plaintiff).

Land among each real estate is classified as "the category of land" but if the land use plan is conducted, within the urban area and class 3.

the name of the defendant immediately without the qualification certificate for acquisition of farmland as set forth in the first-class residential area;

The defendant's assertion that there is no ground to believe that the registration of ownership transfer is possible.

However, the above contents should be specifically confirmed on the land use plan.

As such, a certified judicial scrivener shall determine only the formal category and determine only the external category, and once he determines it under the name of the defendant.

(1) A group of registrations shall be made only with respect to the real property of this case Nos. 1 and 10

Then, the State00 is a certified judicial scrivener with no involvement of the defendant.

The registration under the name of the defendant with respect to each of the real estate in this case shall be completed to a certified judicial scrivener who is not a judge.

In this case, the above certified judicial scrivener has entered into a comprehensive transfer contract between the defendant and Kim 00.

It is difficult to see that it was known, and even as 00, it is also registered in the name of the defendant as to each of the instant real estate

Because the cause for registration has been changed, we see that the cause for registration has not been changed.

(E) The grounds for registration of each real estate of this case and the grounds for registration of the real estate of this case 1 to 10

Other points can also be sufficiently explained. Also, real estate of this case 18 to 21 is an absolute farmland area.

the name of the defendant, which is a corporation, could not be registered under the name of the defendant, and 00 Dogwons

The registration of ownership transfer was completed in the name of the senior 00, which is, within the scope of 18 of this case.

because the 21 real estate itself differs from each of the instant real estate and the registration titleholders.

The grounds for registration of these real estate can also be explained in the same manner as the above (each of the parts of this case)

on July 28, 2010, the gift on July 28, 2010, with the same seal as the registration date, shall be the cause of registration, and No. 18 through

21 Real estate was also affixed on July 28, 2010, which was the same as the registration date, and sold on July 28, 2010.

In light of the above, as to each of the real property of this case and the real property of this case 18 to 21

only focus on the transfer of name, but also on the fact that the cause for registration has been stated formally.

(2) the Corporation.

6. Although Kim 00, the husband of the country00, was in charge of the president of the 00-year-level operation of the defendant.

c. However, the husband to the defendant who is not deemed to have direct relations with the principal, but whose husband to the defendant

A special reason to donate each of the instant real estate in a long-term situation after death.

shall not be effective.

B. Whether the Defendant’s completion of the registration of ownership transfer of this case constitutes a fraudulent act

As seen earlier, the State0 pursuant to a comprehensive transfer contract dated March 20, 2010.

The registration of ownership transfer of each of the instant real estate was completed on July 28, 2010.

D. The creditor is not a party to the contract of gift on each of the instant real property, but the creditor is a party to the obligation

It is reasonable to seek a proposal on the ground that other creditors exist as a natural exercise of their rights.

shall not be obstructed, and the debtor shall also assume the obligation to perform the obligation in accordance with the principal place of the obligation.

The performance cannot be refused on the ground that there are other creditors. Thus, the performance is the original source.

Since it is not an unlawful fraudulent act (Supreme Court Decision 2003Da645 delivered on June 24, 2003).

1205 (see, e.g., Supreme Court Decision 1205) In light of the above legal principles, the State00 constitutes a tax liability against the Plaintiff.

Before the beginning of the year (in the case of value-added tax, June 30, 2010, and in the case of global income tax in 2010, 2010.

12. The defendant under a comprehensive transfer contract dated March 20, 2010 concluded on March 20, 2010

It is merely a fact that the obligation to transfer ownership is not a fraudulent act.

Therefore, it is reasonable to see that the plaintiff's assertion on this part is without merit.

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

(c)

Korea

00 Colors

September 16, 2014

November 25, 2014

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The contract of donation concluded on July 28, 2010 with respect to the real estate in the separate sheet Nos. 13 through 17 (hereinafter referred to as "each of the real estate in this case") between the defendant in charge of the Gu office and the non-party 00 as to the real estate in the separate sheet No. 13 through 17 (hereinafter referred to as "each of the real estate in this case, and the real estate No. 0 in the separate sheet No. 10 in this case) shall be revoked, and the defendant will implement the procedure for the cancellation registration of transfer registration completed on July 28, 2010 by the Gwangju District Court

1. Basic facts

A. On September 10, 2010, the Plaintiff notified 00 to pay KRW 83,297,782 on September 30, 201, the return amount of value-added tax filed on September 10, 201, and notified 57,290,621 on August 3, 2011 to pay KRW 57,290,621 on global income tax filed on September 27, 201.

B. Following the death on March 23, 2010, Kim 00, which owned the real estate listed in the separate sheet, died on March 23, 2010. On July 20, 2010, the registration of transfer of ownership in the name of the defendant (hereinafter referred to as the "registration of transfer of ownership in the name of the defendant") was completed with respect to the third or nine shares of each of the instant real estate due to inheritance on July 20, 2010, and with respect to the two or nine shares of each of the instant real estate, the registration of change of ownership in the name of the defendant (hereinafter referred to as the "registration of transfer of ownership") was completed on the ground that the children renounced the inheritance of Kim 0 as of June 1, 2010.

D. The Plaintiff’s taxation claim amount against the Plaintiff’s national 00 around the time of filing the instant lawsuit is KRW 197,969,330 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff Kim 00 did not enter into a sales contract with the Defendant on or around March 20, 2010 on each of the instant real estate, and even if there was an actual agreement between Plaintiff Kim 00 and the Defendant on or around March 20, 2010, the agreement was merely a comprehensive transfer contract for the instant real estate business operated by Kim 00 beer projects and its factories, and there was no relation to each of the instant real estate. Plaintiff Kim 00 succeeded to each of the instant real estate from Kim 00 and donated it to the Defendant on or around July 28, 2010, and such donation constitutes a fraudulent act against the Plaintiff.

B. As the health status has deteriorated, the Defendant, on March 20, 2010, transferred all the property including each of the instant real estate to the Defendant around March 20, 2010 on condition that the Defendant assumes the entire obligation of KRW 3.7 billion, which the Defendant bears. In light of the foregoing, the fact that the State0 completed the registration of ownership transfer of this case to the Defendant is merely a mere performance of the obligation under the transfer agreement that was already established and thus does not constitute a fraudulent act.

3. Determination

A. Whether a sales contract was concluded between Kim 00 and the defendant around March 20, 2010 with respect to each of the instant real estate

In full view of the following circumstances, it is reasonable to deem that Kim 00 transferred all the property including each of the instant real estate under the condition that the Defendant assumes a debt worth KRW 3.7 billion owed to the Defendant around March 20, 2010, around March 20, the Plaintiff’s assertion that each of the instant real estate was not subject to sale between Kim 00 and the Defendant, is without merit, since the Plaintiff’s assertion that each of the instant real estate was not subject to sale between Kim 100 and the Defendant.

1) After the death of Kim 00, the Defendant completed the registration of business on May 20, 2010 with respect to the 00 beeras, which was operated by Kim 00 on May 20, 2010, under the name of Kim 00, and the Defendant repaid the total amount of 4,290,636,403 won as follows. In light of this, it is clear that there was a comprehensive transfer contract between the Defendant and Kim 00 on the business of 00 beer prior to death and on the related real estate.

2) If so, it seems reasonable to interpret that each of the instant real estates is included in the above comprehensive transfer or acquisition contract, in light of the following circumstances.

① On March 20, 2010, a sales contract was prepared to sell to the Defendant the real estate of this case including each of the instant real estate in KRW 1 through 10, 18 through 21, and machinery, equipment, office fixtures, vehicle transport equipment in KRW 1,670,00,000 (Evidence B).

② In addition to the above sales contract, the Plaintiff asserts to the effect that the sales contract (Evidence No. 6) is less reliable on the ground that the instant real estate and manufacturing facilities, and vehicle transport only are prepared on the same day. However, the real estate subject to the sale stated in the above sales contract (Evidence No. 6) does not coincide with the scope of the real estate that was registered immediately after the actual contract was concluded (as of April 12, 2010, the transfer registration under the Defendant’s name was completed on April 12, 2010, and the land area of 13,374 square meters in the instant land indicated in the name report for real estate transaction submitted by the Defendant around April 2010 is the total area of the above 1 through 6, 8, and 100 square meters in total, it is difficult to view the above sales contract as the sale price of the instant real estate as the sale price of the instant 8 through 10-10 square meters in terms of the total area of the instant real estate and the total area of the instant real estate No. 1 through 6, 7000 square meters in terms.