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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuit, the cancellation of the title trust agreement of deposit holders and the cancellation thereof.
Reasons
1. Basic facts
A. On June 7, 2010, the Plaintiff notified the Defendant’s husband B to pay under-reported capital gains tax, etc. on the transfer value of unlisted stocks (U.S.). ② The Plaintiff notified that global income tax, value-added tax, etc. should be paid on July 5, 2010, but up to now, KRW 424,158,290 is in arrears.
B. B, as a joint representative of C Co., Ltd. (hereinafter “C”), had a claim for loans of KRW 2070 million against C. However, on June 15, 2012, when the building D 1, North Korea-China, Inc., owned by C, sold to the Geumcheon Medical Foundation and received payment of KRW 140 million out of the purchase price from the medical corporation, the medical corporation, on April 13, 2012, deposited the said money directly in the account in the name of the Defendant (hereinafter “instant account”).
(A) evidence of heading 12 (c)
Of the KRW 140 million deposited in the instant account, KRW 120 million was withdrawn as a check on April 18, 2012 and April 30, 2012 and used in the payment of the said capital gains tax in B. The KRW 17 million was remitted to I around April 16, 2012, and the remaining KRW 3 million was remitted to G during the period from April 16, 2012 to April 19, 2012.
On the other hand, at the time of receipt of the above sales amount, B did not have any property other than KRW 379,056 in its name at the time of receipt of the above sales amount.
(B) The remaining loan claims against B were not able to be paid. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 13 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 9, the purport of the whole pleadings.
2. Claim for the cancellation of a donation contract and reinstatement;
A. Plaintiff B’s assertion that the parties concerned deposited the above KRW 140 million into the account under the name of the Defendant, the wife, in excess of the obligation, and among them, the remainder of KRW 20 million, excluding the portion used for the payment of the above capital gains tax, shall be donated to the Defendant.