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1.(a)
The contract of donation of KRW 80,000,000 entered into on August 22, 2016 between Defendant A and C shall be revoked.
B. Defendant A.
Reasons
1. Basic facts
A. C is liable to pay national taxes of KRW 686,743,980 in total as of July 3, 2017, as indicated in attached Table 1.
(hereinafter referred to as “instant taxation claim”). B.
C The registration of ownership transfer was completed on July 15, 2016 on July 15, 2016 with respect to the area of 58273 square meters (hereinafter referred to as "D real estate") of Gangseo-gu Busan Metropolitan City, Busan Metropolitan City where the registration of ownership transfer was completed.
C. C divided into two lots (D and E), and sold D real estate into F Co., Ltd. (hereinafter “F”) on August 1, 2016 and completed the registration of ownership transfer in F on the same day.
C At the time, from F, received KRW 300,000,000,000, excluding KRW 500,000,000,000 as a check (section 1,50,000,000 won) from F.
(hereinafter referred to as “instant check”) d. 200 million won check.
Meanwhile, on August 22, 2016, the Defendants purchased 2632/6580 shares of the Defendant A, and 3948/6580 shares of the Defendant B, 120 million won, respectively, from the Plaintiff’s husband and wife of G and H on August 22, 2016, for each of the said shares of KRW 120 million. The Defendants completed the registration of ownership transfer on September 2, 2016.
E. Defendant A is the wife of Defendant C, and Defendant B is the shot of Defendant C, and as seen earlier, the instant check, which was paid from F, was delivered to G as the sales price of the instant real estate.
G on August 22, 2016, upon presenting the instant check to the JA, received the check money.
F. C does not have any property other than the above purchase price.
[Grounds for recognition] The written evidence No. 1-9 and the purport of the whole pleadings
2. Assertion and determination
A. According to the facts found in the establishment of a fraudulent act, C paid the instant check in lieu of the purchase price of Defendant A, KRW 80 million, and KRW 12 million, except in extenuating circumstances.