Because real estate was donated in default and was in excess of debt, it constitutes a fraudulent act.

Since the beneficiary was aware of the fact that the gift of the real estate was a fraudulent act and the fact that the claim was infringed on, it constitutes a fraudulent act.

Article 30 of the National Tax Collection Act

2011 Bad 43016 Revocation of Fraudulent Act

Korea

KimB

Pleadings without Oral Proceedings

May 15, 2012

1. The gift agreement concluded on November 20, 2009 with respect to each real estate listed in the separate sheet between Defendant and KimCC shall be revoked.

2. The defendant will implement the procedure for registration of cancellation of ownership transfer registration, which was completed on November 24, 2009 by receipt No. 18182, with respect to each real estate listed in the separate sheet to KimCC.

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

The same shall apply to the order.

1. Indication of the cause of the claim;

It is as shown in the attached Form.

2. Judgment without holding any pleadings;

Articles 257(1) and 208(3)1 of the Civil Procedure Act

Grounds of Claim

1. A preserved tax claim;

The plaintiff's taxation claims are as follows:

The head of the Jeonju District Tax Office under the Plaintiff notified Nonparty KimCC on May 31, 2003 with respect to the second half-year value-added tax in 2000, and notified the global income tax for the year 2002 as the due date for payment on April 15, 2004, and notified the global income tax for the year 2003 and the global income tax for the year 2002 as the due date for payment on April 30, 2006, but / Nonparty KimCC did not pay it up to the present date (from No. 1-1 within 1-9).

2. Fraudulent act;

"The Foreign KimCC acquired the ownership of the real estate listed in the separate sheet (hereinafter referred to as "the real estate in this case") by means of inheritance by agreement on October 27, 2009 through division on November 20, 2005, but it is anticipated that the plaintiff's property will be seized due to the disposition on default, and the real estate in this case will be seized to the defendant KimB of the Daegu District Court on November 20, 2009 on the sex support machinery of the Daegu District Court on the ground of donation on November 24, 2009. (A-1 through 2-2)."

A. Bad faith of Nonparty KimCC

Nonparty KimCC predicteds the Plaintiff’s disposition on default on the instant real estate, and knew that at the time of donation to his own Defendant KimB, the obligee would not be able to obtain satisfaction of the claim due to the said fraudulent act.

B. Non-party KimCC's insolvent

(i)affirmative property;

At the time of donation of the instant real estate on November 24, 2009, Nonparty KimCC’s active property is total of 000 won according to the data status list, such as property, etc., which is the computerized data of the National Tax Service (Evidence A 3-1 through 3-2 / A 5-1 through 5-2).

(2) Petty property

As the Plaintiff’s taxation claim amounting to KRW 000, Nonparty KimCC donated the instant real estate in excess of its obligation ( KRW 000,000, KRW 000 =) and reduced its liability property amounting to KRW 000, and thus, did not satisfy the obligees’ claims.

4. Bad faith of the defendant

Defendant KimB was aware of the fact that the instant real estate donation was a fraudulent act as a person of Nonparty KimCC and that the Plaintiff’s claim was infringed. (Evidence A4-1)

5. Conclusion;

In light of the above facts, the transfer of ownership based on the gift of the instant real estate to Defendant KimB by Nonparty KimCC constitutes a fraudulent act committed while being aware that it would prejudice the creditor, and the Defendant also received the instant real estate by being aware of such fact, thus, in order to restore the instant real estate to its original state, I were entitled to file a claim seeking the cancellation of the transfer of ownership as a result of donation in the future of