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(영문) 대전지방법원 2014. 04. 17. 선고 2013나104064 판결
체납자 소유 부동산을 양도한 행위는 사해행위에 해당함.[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 2013Gadan212582

Title

Transfer of real estate owned by a delinquent taxpayer constitutes a fraudulent act.

Summary

In 2006-2007, the basic legal relations of the Plaintiff’s taxation claim have already occurred in the year 2006 where the Defendant calculated the processed purchase. The transfer of real estate owned by a delinquent and completed the registration of ownership transfer constitutes a fraudulent act detrimental to the obligee.

Cases

2013Na104064

Plaintiff and appellant

Korea

Defendant, Appellant

c c

Judgment of the first instance court

National Rotations

Conclusion of Pleadings

March 20, 2014

Imposition of Judgment

April 17, 2014

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

As to the real estate listed in the attached list No. 1, the trading system concluded on May 13, 2010 between the defendant and 00

AA District Court B registry office on May 20, 2010, the Defendant will implement the procedure for cancellation registration of transfer of ownership, which was completed as a result of the receipt process on May 20, 2010. As to the real estate listed in the separate sheet 2, the Defendant and 00 will cancel the sales contract concluded on May 27, 2010, and the Defendant shall cancel the transfer of ownership, which was completed as AA District Court C registry office C registry office on May 28, 2010, to 00.

registration procedures shall be implemented.

2. Purport of appeal

In the judgment of the court of first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revocation

The dismissal is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on the instant case is on the third page of the judgment of the court of first instance.

Section 3 of section 3 of section 3 of section 3 of section 4, 13 of section 4 as '12.31', and '4th 13th 000

000. 16. 'The 16. 'the 16. 'the 16. 'the 5. 'the 2. 'the 5. 'the 5. 'the 1

In addition to "2.............." as "4..." as "3., the reasoning of the first instance judgment is the same as that of the first instance judgment, and thus, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

If so, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.

Therefore, it is dismissed. It is so decided as per Disposition.

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