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Case Number of the immediately preceding lawsuit
Gwangju High Court (former High Court) 2015Na100285 (Law No. 16, 2016)
Title
It constitutes a fraudulent act as a gift to have a delinquent taxpayer transfer money to a false mortgagee via a purchaser while selling real estate.
Summary
(1) In the event that a delinquent taxpayer sells real estate, he/she remitted KRW 100 million to the Defendant’s deposit account through a purchaser of real estate, which constitutes a fraudulent act, since he/she knowingly donated the above money to the Defendant by pretending to repay to the Plaintiff, who is a tax claim.
Related statutes
Article 406 of the Civil Code / [Right of Revocation]
Cases
Supreme Court-2016-C-234425 ( September 28, 2016)
Plaintiff-Appellee
Korea
Defendant-Appellant
Kim AA et al.
Judgment of the lower court
Gwangju High Court-2015-Na-100285 ( October 16, 2016)
Imposition of Judgment
2016.28
Text
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Trial Procedure.
Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.
It is decided as per Disposition by the assent of all participating Justices.