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1. On December 2017, 2017, 99% shares out of the ownership of real estate listed in the separate sheet between the defendant and the non-party B.
Reasons
1. Facts of recognition;
A. B, while running a motor vehicle sales business, omitted part of each tax payment at the time of the return of the corporate tax for the year 201 and 1, 2012, and 201, and the corporate tax for the year 2016.
Accordingly, the head of Pyeongtaek-si Tax Office notified B of the payment of the omitted tax amount of KRW 405,351,850 in 201, including the amount of value-added tax of KRW 134,229,320 on December 29, 2017, as shown in the following table 1, but B did not pay it.
As of the filing date of the instant suit ( November 8, 2018), the amount of delinquent taxes as of the date of the instant suit is KRW 453,298,920, including additional dues of KRW 47,947,070, as shown in the table below.
In attached Table 1, B, the amount of national taxes in arrears (based on the date of filing a lawsuit, unit) Nos. 158, 2017.30.6, 396, 4007, 509, 290-2, value-added tax of 2017.0.30. 30.6, 6,026, 6407, 031, 780-3, value-added tax of 134, 229, 320, 320, 752, 9404-added tax of 205.3, 208, 205, 207, 17, 17, 208, 205, 17, 205, 205, 207, 17, 99, 930, 2028, 630-added tax of 205.
B. B had the right to purchase apartment units listed in the separate sheet (hereinafter the instant right to purchase apartment units) and paid the down payment amount of KRW 35,314,00,00 in total and KRW 70,628,00 in total, and KRW 105,942,00 in total (i.e., 20,000 out of the above payment paid in the Defendant’s money) with the payment payment of KRW 35,314,00 in lots, and around December 5, 2017 and December 8, 2017, upon receiving a payment notice of each of the above taxes due to the above default payment, B donated the Defendant, the spouse of the instant right, a gift of KRW 99,00 in the instant right to purchase in order to avoid this from being subject to compulsory execution.
The defendant later paid the sales price.
C. On December 22, 2017, at the time of the instant donation, active property B, which was only the instant sales right.