logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2015.11.12 2015가단31014
사해행위취소
Text

1. A donation contract concluded on October 22, 2013 with the Defendant on the one-half share of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s taxation claim B was operating the automobile parts manufacturing business. However, the head of the Gu-U.S. Tax Office under the Plaintiff’s U.S. Tax Office notified the Plaintiff of KRW 13,022,280 as indicated in the table 1 through 3 as follows. However, the value-added tax and global income tax on the current arrears due to the Plaintiff’s failure to pay it is KRW 108,665,800 (hereinafter “instant taxation claim”).

Value-added tax 1: Value-added tax on March 7, 2013, 202, 201. 5,135,8501,571,560 on March 7, 2013, 2013; 2.32,536,00 on December 31, 200; 530 on April 13, 2013; 2,683,000,000 on December 31, 2013, 203; 340,340 on October 4, 2013; 200 on December 31, 2013; 340 on September 24, 2014; 203; 340 on September 23, 2014; 15, 2015;

B. The disposition B of the instant real estate in this case completed the registration of transfer of ownership by 1/2 shares each on November 24, 2010, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and who purchased on December 30, 2010.

B on October 22, 2013, the registration of ownership transfer was completed on October 22, 2013 to the Defendant, who is the mother, due to the donation on October 22, 2010 (hereinafter “instant donation”).

C. B, at the time of the instant donation, did not have any property other than the instant real estate, and was in excess of the debt.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3-1 and 9, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, B’s revocation of fraudulent act: (a) the value-added tax for the second half-year value-added tax on March 7, 2013; (b) the first half-year value-added tax on April 3, 2013; and (c) the second half-year value-added tax on October 1, 2013; and (d) the gift contract of this case on October 22, 2013.

arrow