The sales contract must be revoked by fraudulent act.

A sales contract shall be revoked by fraudulent act, and the registration procedure for cancellation shall be implemented by reinstatement.

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Busan District Court Decision 2013Gau4967 Revocation of Fraudulent Act

Korea

Section AA

oly 17, 2013

November 7, 2013

1. A. As to each real estate listed in the separate sheet between the defendant and the non-party B (*********************))

The sales contract concluded on December 15, 201 shall be revoked.

B. The Defendant shall implement the procedure for cancelling the registration of cancellation of ownership transfer, which was completed by the receipt No. 53845 on December 22, 2011, with respect to each real estate listed in the separate sheet to Nonparty B by Nonparty B.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Facts of recognition;

A. The director of the tax office affiliated with the Plaintiff notified the sub-B of the value-added tax to the sub-B operating the "CC metal" as follows:

B. On December 22, 2011, BB had not paid taxes notified as above, the registration for transfer of ownership (hereinafter “the registration for transfer of ownership”) was completed on the ground of the “sale on December 15, 2011, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, who is the only real estate owner, as indicated in the separate sheet (hereinafter “each of the instant real estate”). On December 15, 201, BB, as of December 15, 201, as of December 15, 2011, as of December 457, 169, which was the date of the conclusion of the sales contract based on the registration for transfer of ownership, as well as KRW 301,043,570, and KRW 213,275,2777, KRW 460,607, KRW 460675,07,07567, etc., each of the instant real estate (hereinafter “instant”).

2. Determination

According to the above facts of recognition, the sales contract on December 15, 201 between B and the defendant on December 15, 201 between B and the plaintiff should be revoked as a fraudulent act detrimental to the plaintiff who is a general creditor. Accordingly, the defendant is obligated to implement the procedure for cancellation of ownership transfer registration of each of the instant real estate to the smallB.

Thus, we decide to accept the plaintiff's claim.