The debtor's act of selling real estate which is the only property of the debtor and replacing it with money which is easily consumed by the debtor becomes a fraudulent act against the creditor

Unless there are special circumstances, such as that the sale of real estate, which is the only property of the debtor, was effected by a considerable sale to meet the legitimate repayment of some creditors, the act of selling such real estate, and then the debtor's intent to cause damage is presumed to be a fraudulent act against the creditor.

Article 30 of the National Tax Collection Act

2012 Ghana 100408 Revocation of Fraudulent Act

Korea

Park AA

March 20, 2012

April 20, 2012

1. The sales contract as of September 19, 201 with respect to 1/5 shares of real estate listed in the separate sheet concluded between the defendant and ParkB shall be revoked.

2. The defendant will implement to ParkB the procedure for registration of cancellation of ownership transfer registration completed under No. 39070 of receipt of September 19, 201 with respect to the 1/5 shares of the real estate listed in the separate sheet.

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

The same shall apply to the order.

1. Facts of recognition;

A. On May 8, 2008, ParkB did not report and pay capital gains tax on capital gains accrued when transferring the right to sell a building 000 dong-dong 000 dong-dong 000 dong-gu, Seongdong-gu. Accordingly, on September 1, 201, the director of the tax office affiliated with the Plaintiff notified ParkB that capital gains tax, including additional dues, should be paid by September 30, 201.

B. On January 7, 2011, ParkB succeeded to 1/5 shares of the real estate listed in the separate sheet like other brothers and sisters, and on September 19, 201, on the other hand, on September 19, 201, ParkB sold to the defendant who is the sole property of his own (hereinafter referred to as "the sales contract of this case") or the defendant as the principal debtor, and completed the registration of ownership transfer (hereinafter referred to as "the registration of ownership transfer of this case") with the receipt of the registration office of the Seoul Southern District Court Young-gu District Court, Youngpo Office, Seoul (hereinafter referred to as "the registration office of this case").

[Ground of Recognition] The non-contentious facts, Gap 1 through 3, and the purport of the whole pleading

2. The assertion and judgment

A. Determination on the cause of the claim

Unless there are special circumstances, such as that the sale of real estate, which is one of the sole property of the debtor, was conducted by a considerable sale to meet the legitimate repayment for some creditors, the act becomes a fraudulent act against the creditor, and the debtor's intent of deception is presumed (see, e.g., Supreme Court Decision 66Da1535, Oct. 4, 196). In this case, and in this case, the sales contract in this case where ParkB sold its sole property to the defendant by ParkB constitutes a fraudulent act, and the defendant's intention of deception is presumed to be presumed. Accordingly, the sales contract in this case must be revoked as a fraudulent act, and the restoration following this, the defendant is obligated to implement the procedure for the cancellation registration of the ownership transfer registration in this case to ParkB.

B. Judgment on the defendant's assertion

The defendant asserts that the contract of this case was a fraudulent act, and that the contract of this case was not known that ParkB would be put into insolvent by the contract of this case. However, the above argument is without merit because there is no other evidence.

3. Conclusion

Then, the plaintiff's claim is justified and it is decided as per Disposition.