Daegu District Court Decision 2012Gadan1402 (Law No. 17, 2013)

The act of transferring an apartment owned by the person himself/herself to the friendship in order to be exempted from the disposition on default of national taxes constitutes a fraudulent act.

The sales contract between the defendant and his child must be revoked because the defendant knew that it would prejudice the person who has the right to tax payment due to the default of national taxes, and the defendant should also know that it would have known that it would prejudice the person who has the right to tax payment due to the default of national taxes.

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

§ 406. Revocation of Civil Code

2013Na301896 Revocation of Fraudulent Act

Korea

United Kingdom A

Daegu District Court Decision 2012Na11402 Decided July 17, 2013

November 27, 2013

January 8, 2014

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The purchase and sale contract concluded on February 20, 2012 between the defendant and the rightB with respect to the real estate stated in the attached Form shall be revoked within the limit of OOO. The defendant shall pay to the plaintiff OO and the amount calculated by the rate of 5% per annum from the day following the day this judgment becomes final and conclusive to the day of full payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The court's explanation on this case is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure

Therefore, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.