Revocation, etc. of Fraudulent Act

Judgment by service by publication

Article 208(3)3 of the Civil Procedure Act

1. The contract to establish a right to collateral security concluded on September 13, 2005 between the defendant and the non-party ○○○ shall be revoked.

2. The defendant will implement the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage completed on September 13, 2005 by the ○○ District Court ○○○ registry office ○○ with respect to the real estate stated in the attached list to Nonparty ○○○.

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

The same shall apply to the order.

1. Indication of claim;

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

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

Attached List

○ Indication of one building

○○○-si ○○○-dong ○○○-dong ○○ apartment ○○-dong

An apartment building of 00 square meters of reinforced concrete structure slive roof

○ Indication of land which is the object of site ownership

1. ○○○-si ○○-dong ○○○-dong ○○○-dong 10,946 square meters;

○ Indication of the building on the section of exclusive ownership

○○○○○○-Type reinforced concrete brick 134.78 square meters

○ Indication of Site Ownership

1. Ownership: 43.14/10,804;

Grounds of Claim

1. Formation of tax claims;

Nonparty 2: (a) from January 09, 192 to October 30, 2005, ○○○○○○○-dong 1st floor of ○○○ Building ○○○○○-dong 1st floor of ○○○○○-dong 2005; (b) reported under-value-added tax on the fact that Nonparty 2 had been engaged in communications and mail delivery; and (c) from January 2001 to January 2005, 2005.

The head of ○○ Tax Office under the Plaintiff notified the value-added tax of KRW 9 case 297,234,780, but did not pay it until now, and the amount of delinquent taxes resulting therefrom reached KRW 331,119,500, including the additional dues as of August 2006. (Evidence A)

2. Fraudulent act;

The non-party 1, 2005. The non-party 1, 2005. The non-party 1, 200, 2005. No. 78455, the receipt number to the ○○ District Court, 2005. The non-party 1, 200, 2005. The non-party 1, 200, 2005.

3. Reduction of responsible property;

Since the right to collateral security established on the instant real estate is KRW 360,000,000, the non-party in arrears reduced the property of KRW 360,000 by establishing the right to collateral security on the instant real estate. (Evidence A2)

4. Excess of debts;

(a) Active property;

On January 13, 2005, at the time of establishment of the right to collateral security, the transaction price of the instant real estate was KRW 485,000,000,000, and the non-party in arrears had no other property than the instant real estate, so the non-party in arrears’s active property was KRW 485,00,000,00. (Evidence A)

B. Petty property

The non-party delinquent taxpayer's small property as of March 13, 2005 excludes 360,000,000,000 won, which was created on the real property of this case by Defendant Park Jong-○.

If the ○○ Cooperative’s amount of debt 400,000,000 won of the collateral collateral of the instant real estate and the value-added tax of 297,234,780 won, which is the preserved claim upon the establishment of tax liability at the time of the fraudulent act of the instant real estate, are combined, the non-party delinquent taxpayer’s passive property of KRW 400,000,000 + 297,234,780 + 697,234,780 won. (Evidence A, No. 4)

(c) Whether debts exceed the debts;

Therefore, at the time of the fraudulent act on March 13, 2005, the amount in excess of the debt owed by the non-party delinquent at the time of the fraudulent act (485,00,000) - Small Property (697,234,780) = 212,234,780 won = 212,234,780 won was established by the non-party delinquent debtor to the defendant to reduce the liability property of this case, which led to the situation in which the plaintiff did not reach the satisfaction

5. The intention of an injury.

In light of the fact that the non-party in arrears established the right to store the real estate of this case, which is one of his sole property after the date of establishment of the tax liability, and caused the excess of his liability, the non-party in Song-○○ was aware of the plaintiff at the time of establishment of the right to claim the mortgage.

(A) Evidence 5

6. Bad faith of the defendant

Since the defendant knew that he was the wife of the non-party in arrears of the non-party in arrears and did not have any other property except the real estate in this case, it would have known the fact that this act was a fraudulent act at the time of the registration of creation of a collateral security on the real estate in this case and the intention of the non-party in Song○○'

(A) Evidence of heading 6 to 2)

7. The date on which he becomes aware of a fraudulent act;

The head of ○○ Tax Office under the Plaintiff’s jurisdiction read the copy of the real estate register on May 25, 2006 and became aware of the fraudulent act on the real estate of this case, in order to notify Nonparty ○○○ of the rectification and payment of the value-added tax and not to pay the taxes notified by the due date. (A)

8. Conclusion

In light of these facts, the act of creation of the collateral on the instant real estate by Nonparty ○○○ constitutes a fraudulent act committed while knowing that it would prejudice the Plaintiff, and the Defendant was also aware of the fact. Therefore, the Plaintiff was the Plaintiff’s claim seeking cancellation of the collateral security contract and cancellation of the collateral security contract, such as the purport of the claim.