property donated to the spouse in excess of liabilities constitutes a fraudulent act.

In a case where it is highly probable that a claim will be established in the near future due to its legal relationship and it is substantially feasible in the near future, the claim may also become a preserved claim of the obligee's right of revocation, and the donation of the spouse's X-property in excess of the debt may constitute a fraudulent act.

2014 Gohap 10155 Revocation of Fraudulent Act

Korea

이@@

2015.01.09

15.02.06

1. The contract of cash donation amounting to KRW 16,690,000, which was concluded on August 31, 2012 between the defendant and the current 00 shall be revoked.

2. The defendant shall pay to the plaintiff 16,690,000 won with 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of complete payment.

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

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. On December 1, 2012, the director of the National Tax Service notified the 00 on December 1, 2012 that the transfer income tax of KRW 306,911,620 (No. 3) imposed on each real estate listed in the separate sheet should be paid not later than December 31, 2012. On December 10, 2012, the head of the National Tax Service notified that the transfer income tax of KRW 306,911,620 imposed on each real estate listed in the separate sheet (No. 4 set forth below) should be paid not later than December 31, 2012. However, on December 10, 2012, the current tax claim of KRW 580,91,390 (No. 4 set forth below) did not pay the said transfer income tax of KRW 300,000 until December 31, 200, the tax claim of KRW 300,000 as above.

The deadline for payment of arrears of the notified amount and the date of establishment of the tax liability;

1. Transfer income tax, March 31, 201, 201.

2. Comprehensive real estate holding tax on June 1, 2012, 1.2, 170, 2403, 099, 040 December 15, 2012

3. Transfer income tax on July 31, 2012 306,911,620 375,045,840 December 31, 2012

4. Transfer income tax on August 31, 2012 31,580,911,390 709,408,330 December 31, 2012

5 Transfer income tax, July 31, 2012, 31.4, 374, 9504, 509, 390 January 31, 2013

Total 896,322,470 1,093,032,840

B. On August 31, 2012, 200, 1 sheet of KRW 87,000,000 and one sheet of KRW 29,690,000 shall be withdrawn from the current account of 00 on August 31, 2012, and each of the above checks was issued to the Defendant who is the spouse, and the Defendant deposited the same day into the Defendant’s agricultural bank account (hereinafter “the instant donation”).

Facts that there is no dispute for recognition, described in Gap's No. 1, 3, 4, and 5 (including branch numbers if there is an additional number), and the purport of the whole pleadings.

2. Determination

(a)the existence of preserved claims;

In principle, a claim that can be protected by the obligee’s right of revocation needs to be created prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been legal relations that serve as the basis for the establishment of the claim, and that the claim should be established in the near future. In cases where a claim has been created due to the de facto realization in the near future, such claim may also become a preserved claim of the obligee’s right

Considering the overall purport of Gap's evidence Nos. 1, 6, and 7 (including additional numbers) and the whole arguments, it is highly probable that the director of the Incheon District Tax Office issued a payment notice of the tax claim of this case to 00 after the donation of this case to the defendant of 00, but the date of establishment of the tax claim of this case is indicated as "the date of establishment of the tax obligation of this case" in the table No. A. 1, 2012 of the gift contract of this case and the donation contract of this case was already established on August 31, 2012, and thus, it is highly probable that the tax claim of this case will accrue in the near future. Since the plaintiff actually confirmed the tax liability by issuing the payment notice of the tax of this case to 00, the tax claim of this case becomes the preserved claim of the obligee's right of revocation.

B. Establishment of fraudulent act

In full view of Gap evidence Nos. 2, 9, 10, Eul evidence Nos. 2, 3, and 4 (including paper numbers), and the result of the appraisal commission to the appraiser Park 00 of this court as well as the overall purport of the pleadings, it is recognized that the current 00 property at the time of the donation of this case was in excess of the debt amount exceeding the active property (7,028, 643, 373 won) as shown below.

Contents Amount

Agricultural Cooperatives (***0278395703) Deposit Claim 1,199 won

Aa Bank (**027283851) Deposit Claim 2,000,000 won

Aa Bank (**121694) Deposit Claim 7,398 won

HH Bank (***3974870155) Deposit Claim 315,408 won

o-sio-dong 263-3, 465С 175,770,000 won

oo-oo-ro 119-2 1,947㎡ 81,774,000 won

OO-si O-Eup 134 O-type 108,108,000 square meters in store 429 square meters

1/3 shares in 15,376,000 won in the forest 1,488 square meters in OO-Eup OO-type OO-type 34-13 Forest land

1/3 shares in 12,030,667 won among 1,289 square meters in OO-Eup O-type O-type O-type O-type 32-10 Forest land

OO-si OO-Eup 32-8 Forest land 893 square meters, one-third shares, 9,227,67 won

1/3 shares in 248,234,00 won among 21,903 square meters of forest land 21,903 square meters in OO-Eup O-type O-type O-type

1/38,241,667 won among the 1,765 square meters of an OO-Eup 193-1,000 O-Eup 1,767

OO-si O-Eup 193 960 m22,080 m22,000 m2

1/3 shares in 1/327,091,333 won in the amount of 155-1 m2,261 m2

OO-si OO-Eup 193-4 475 square meters of 1/3,433,333

OO-si OO-Eup 155-2 76 square meters of 1/3,701,33

OO-si OO-Eup 155-3 Road 50 square meters, 1/3 shares, 5,066,67

Auction Proceeds 5,971,184,7011)

Total KRW 7,028,643,373

Small Property AA Bank (***02087815) Deposit Debt 48,708,965 won

HH Bank (***974870307) Deposit Obligations249,861,547

AA Bank Debt 1,808,696,477

Tax liability896,322,470 won

OO-si OO-dong O-dong 263-3 465 m20,000

O-si OO-Eup 134m2 429m2,000 m2,000 m22,000

OO-Si O-Eup O-O-193-1, 193, 155-1 collateral debt 340,000,000 won

현@@ 관련 채무4,117,978,866원

1,019,092,617 Won 1,000

Total 8,778,166,114

According to the above facts, the current 00 made the gift of this case to the defendant who is his spouse in excess of the obligation as above. Barring special circumstances, the donation of this case constitutes a fraudulent act with the intent to prejudice other creditors including the plaintiff, and in light of the current 00 which is the debtor, the relationship between the defendant and the defendant, and the current 00's property status, etc., it is presumed that the current 00 was prejudicial to the plaintiff who is the creditor at the time of the donation of this case, and further, the defendant's intention

On August 31, 2012, the defendant alleged that the current 00 won was paid to the defendant 116,690,000 won to the defendant on August 31, 2012 that the present 00 did not contribute the above money to the defendant, but the defendant paid the above money to the defendant 16,690,000 won to the present 00, but it is not sufficient to recognize the above argument of the defendant, and there is no other evidence to acknowledge it. Thus, the above argument of the defendant is without merit.

(c) Revocation of fraudulent act and reinstatement;

Therefore, the instant donation contract concluded between the present 00 and the Defendant shall be revoked as a fraudulent act, and the Defendant shall be liable to compensate the Plaintiff for the value arising from the revocation of the said fraudulent act at the rate of 5% per annum under the Civil Act from the day following the day when the judgment became final and conclusive to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.