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Reasons
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(영문) 대전지방법원천안지원 2015.02.06 2014가합101555
사해행위취소
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1. The contract of cash donation amounting to KRW 16,690,000 entered into on August 31, 2012 between the Defendant and B shall be revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. On December 1, 2012, the director of the competent tax office notified B of the payment of capital gains tax of 306,911,620 won (No. 3 below) imposed on each real estate listed in the separate sheet by December 31, 2012. On December 10, 2012, B, the director of the competent tax office notified B of the payment of capital gains tax of 306,911,620 won (No. 4 below) by December 31, 2012. However, B did not pay capital gains tax of 580,91,390 won (No. 4 below) imposed on B prior to the date of the instant lawsuit, as shown in the following table:

(hereinafter “instant tax claim”). An amount notified as of the date of establishment of the tax liability for the tax amount in arrears on March 31, 2011, 1,954, 270, 240, 240, comprehensive real estate holding tax on September 1, 2012, 201; 306, 91, 6205, 840, 840, 270, 270, 240, 2403, 09, 040; 306, 306, 91, 620, 375, 840, 840, 940, 205, 308, 2012, 306, 306, 305, 304, 2012, 41, 2012, 305, 301, 2014

B. On August 31, 2012, B deposited one sheet of KRW 87,00,000,000, and one sheet of KRW 29,690,000,00, from the Agricultural Cooperative Account in the Agricultural Cooperative Account in B, and issued the above check to the Defendant, the spouse, and the Defendant deposited the same day into the Agricultural Cooperative Account in the Defendant’s agricultural market.

(hereinafter “instant gift”). 【The ground for recognition” has no dispute, entry in Gap’s Nos. 1, 3, 4, and 5 (including a serial number) and the purport of the entire pleadings.

2. Determination

A. Although it is required that the claim protected by the obligee’s right of revocation of the existence of the preserved claim was, in principle, arisen prior to the commission of an act that can be viewed as a fraudulent act, the legal relationship that has already existed at the time of such fraudulent act, and that the claim should be established in the near future in accordance with such legal relationship.

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