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(영문) 수원지방법원 성남지원 2014. 04. 01. 선고 2014가합200431 판결
누이와 체납자 사이의 근저당권 설정계약은 사해행위취소의 대상에 해당함[국승]
Title

contract to establish a mortgage between ar and arbitr is subject to revocation of a fraudulent act.

Summary

The act of establishing a collateral security under the name of a person on a movable property without reporting and paying capital gains tax constitutes a fraudulent act detrimental to the country, which is the creditor.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2014 Gohap200431 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

IsaA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

April 1, 2014

Text

1. The contract to establish a right to collateral security concluded on October 14, 2009 between the defendant and the BOB on the O-dong 97 O-dong 2,914 square meters shall be revoked.

2. The defendant shall, with respect to the real estate mentioned in paragraph (1) to thisB, establish the Suwon District Court's Suwon District Court's branch office in the area of the real estate

The procedures for registration of cancellation of the establishment registration of neighboring mortgage completed by Law No. 29914 of October 14, 2009 are implemented.

3. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Articles 208(3)1 and 257(1) of the Civil Procedure Act (Judgment without holding any pleadings)

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