Cheongju District Court 2012Na6456 (2)

the sole real estate in excess of liabilities shall be donated to the spouse and shall constitute a fraudulent act

(As in the judgment of the court below, the contract of donation of only the real estate to the spouse with the burden of value-added tax liability constitutes fraudulent act in relation to the general creditors including the taxation right holder, and is presumed to have been bad faith with the debtor and beneficiary, barring special circumstances. Therefore, it should be revoked as fraudulent act

Article 30 of the National Tax Collection Act

2013Da209442 Revocation of Fraudulent Act

Korea

UnionA

Cheongju District Court Decision 2012Na6456 Decided July 2, 2013

November 14, 2013

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

After comprehensively taking account of the adopted evidence, the lower court determined that: (a) entering into the instant donation contract with the Defendant, the only property of the Plaintiff, which was the instant apartment, with the Defendant, at the time of having borne the Plaintiff’s value-added tax liability for the second period of February 2010, constitutes a fraudulent act in relation to the general creditors including the Plaintiff; and (b) the Defendant, the beneficiary of which was the beneficiary, was insufficient to recognize that he was unaware of such circumstances solely based on the circumstances indicated in its reasoning.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the good faith of the beneficiary.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.