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(영문) 수원지방법원 2016. 12. 01. 선고 2016가합79430 판결
(무변론 판결) 이 사건 상속재산분합협의는 원고를 비롯한 체납자의 채권자를 해하는 사해행위로서 취소되어야 함[국승]
Title

(Judgment without Oral Proceedings) The agreement on the division and merger of the inherited property of this case must be revoked as a fraudulent act detrimental to the creditors of the defaulted taxpayer including the plaintiff.

Summary

After the Plaintiff’s transfer income tax claim against the delinquent taxpayer was established, it constitutes a fraudulent act with knowledge of the fact that the delinquent taxpayer and the Defendants would prejudice the Plaintiff, a creditor in excess of debt, and that the agreement on the division of inherited property of this case was

Related statutes

Civil Code § 108. Fictitious Declaration of Intention

Cases

Suwon District Court-2016-Gohap-79430

Plaintiff

Korea

Defendant

AA and 1

Conclusion of Pleadings

December 1, 2016

Imposition of Judgment

December 1, 2016

Text

1. As to shares 2/11 of the real estate listed in the separate sheet No. 1 list between Defendant AA and CCC, as to shares 2/11 of the real estate listed in the separate sheet No. 2 list between Defendant BB and CCC

The agreement on division of inherited property concluded on May 2, 2015 shall be revoked.

2. CCC:

(a) As to shares of 2/11 of the real estate listed in the Schedule AA, Defendant AA shall:

B. As to the share of 2/11 out of the real estate listed in the separate sheet No. 2

It is necessary to implement the procedure for the registration of ownership transfer due to the cancellation of each fraudulent act.

3. The costs of lawsuit shall be borne by the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

The Director of the Young Tax Office notified the CCC to pay the capital gains tax of 2007 to the CCC, and on August 14, 2016, the amount in arrears of the capital gains tax of the CCC is OO.

FF The deceased on May 2, 2015, and the deceased on May 2, 2015, the heir of the network FFF (hereinafter referred to as “the deceased”) has the wife AA, the children BB, the CCC, DD and EE. The inheritance shares of the Defendant AA are 3/11, and the rest of the inheritors are 2/11, respectively.

On May 2, 2015, the CCC renounced the inheritance share (2/11) in respect of each real estate listed in the separate sheet 1 and 2, which is the inherited property of the deceased, with respect to the heir, including the Defendants, and each real estate listed in the separate sheet 1 and 2, and concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the effect that Defendant AB shall independently inherit each of the real estate listed in the separate sheet 2. Accordingly, Defendant AA completed the registration of ownership transfer under its name with respect to the real estate listed in the separate sheet 1 list 2, on the ground of each of the instant agreements on the division of inherited property.

After the establishment of the Plaintiff’s transfer income tax claim against CCC, CCC and the Defendants knew that they would prejudice the Plaintiff, a creditor in excess of debt, and completed the registration of ownership transfer in the name of the Defendants on May 2, 2015, following the agreement on the division of inherited property with the Defendants on May 2, 2015.

Therefore, the agreement on the division and merger of the inherited property of this case shall be revoked as a fraudulent act detrimental to the creditors of CCC including the Plaintiff. Accordingly, Defendant AA has the obligation to restore CCC with respect to the share of 2/11 of the real estate listed in the separate sheet No. 1, Defendant BB, as to the share of 2/11 of the real estate listed in the separate sheet No. 2 list, to implement the registration procedure on the transfer of ownership due to the revocation of each fraudulent act.

[The defendant did not submit a written answer within 30 days from the date on which he was served with the complaint, and thus, the facts constituting the cause of the claim pursuant to the main sentence of Article 257(1) of the Civil Procedure Act shall be deemed to have been led to the confession, and the judgment shall be rendered without pleading, and only the matters necessary to specify the claim pursuant to Article 208(3)

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