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The contract of gift concluded on May 8, 2017 with respect to each check listed in the separate sheet between the defendant and B shall be revoked.
Reasons
1. Facts of recognition;
A. B, on April 28, 2017, sold at KRW 5,690,00,000 (hereinafter collectively referred to as “instant real estate”) the land and building on the land of Gangnam-gu Seoul Metropolitan Government (hereinafter collectively referred to as “C, etc.”) to C, D, and E ( collectively referred to as “C, etc.”) and paid KRW 4,530,00,000 remaining after deducting the amount of the deposit that C, etc. would take over (hereinafter referred to as “instant sales contract”).
B. On June 30, 2017, B did not pay the income tax of KRW 591,244,296 as transferred on June 30, 2017, and the head of Sungdong Tax Office notified B to the effect that he/she would pay income tax of KRW 642,795,680 to B by May 31, 2018, but did not pay it.
The details of taxes in arrears as of March 11, 2020, which was the date of filing the instant lawsuit, are as follows [Attachment 1].
The details of tax delinquency in arrears of KRW 132,790,500,480,132,790,510,574,290,990 [Attachment 1] of the transfer income tax on May 31, 2018
C. Part B received KRW 4,530,000,000 in total as the sales price as follows, pursuant to the instant sales contract from C, etc.:
The payment of the purchase price of the non-fixed-end check [Attachment 2] of KRW 570,00,000 in the intermediate payment of KRW 2,700,000 on April 3, 2017 in the intermediate payment of KRW 2,700,000 in the intermediate payment of KRW 570,000 on March 14, 2017 in the form of payment of the non-fixed-end down payment on the divided date, in lieu of the redemption of the secured obligation under the right to collateral security deposit of KRW 1,260,00 in the form
D. Of the checks amounting to KRW 1,260,00,000 paid to B in accordance with the instant sales contract, each of the checks listed in the separate sheet (hereinafter “each of the instant checks”) was presented to G Bank on May 8, 2017 and deposited KRW 128,556,905 in the Defendant’s G Bank Account (Account Number: H and I), the Defendant’s other G Bank Account (Account Number: J, K, and hereinafter “each of the instant G Bank Account”) with KRW 1,443,095 in total, KRW 130,00,000 in total.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 to 9, and the purport of the whole theory
2. Determination: Ga. Ga.