Busan District Court 2014Na41480 ( May 14, 2015)

(C) If the sole real estate has been sold to his father in excess of his debt, it constitutes a fraudulent act.

(C) Unless there are special circumstances, it is reasonable to conclude a sales contract for the sole real estate to his father with the burden of national tax liability of the higher amount constitutes a fraudulent act in relation to the general creditors including the taxation creditors, and thus, it is presumed that the debtor and the beneficiary have been maliciously presumed.

Article 30 of the National Tax Collection Act Revocation

2015Da219009 Revocation of Fraudulent Act

Korea

Park AA

Busan District Court Decision 2014Na41480 Decided May 14, 2015

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and thus, the appeal is dismissed under Article 5 of the above Act. It is so decided as per