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Reasons
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(영문) 창원지방법원진주지원 2015.10.30 2015가단31274
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the wife of B, who is the birth of B, and the defendant is between B and the defendant, as the wife of B.

B. On March 14, 2006, B transferred the Plaintiff’s tax claim 1) B to D, D, 396.7 square meters and above-ground buildings, and thereafter, the transfer value was reported to KRW 540,000,000 and paid the transfer income tax ( March 31, 2006: the date the tax liability is established: March 31, 2006). 2) The head of the Jinju Tax Office conducted an on-site investigation of transfer income tax from July 14, 2014 to August 1, 2014. Upon reporting the transfer income tax for the year 2006, B confirmed that the transfer value was underreported to KRW 780,00,000,000, and notified the payment of KRW 540,000,000 to B by the prior notice of taxation on August 19, 2014, B19,2016.

3) B fails to pay the above KRW 118,922,690 as of March 6, 2015, the amount in arrears as of March 6, 2015 is KRW 126,771,580 (including additional dues). B (i) The conclusion of the sales contract between B and the Defendant on August 27, 2014 between B and the Defendant, the real estate indicated in Annex B (hereinafter “instant apartment”) shall be sold to the Defendant for KRW 135,00,000 and the down payment of KRW 3,00,000 for the same day, and the Defendant shall pay KRW 11,50,000 for the intermediate payment of KRW 11,50,000 for the same day and KRW 12,50,000 for the remainder of September 19, 2014 and KRW 15,000 for the intermediate payment of KRW 30,000,300 for the remainder of the sales contract.

Meanwhile, according to the evidence evidence Nos. 6 and 13, the part payments are KRW 11,50,000, the balance is KRW 120,500,000, and the defendant remitted to B the money of KRW 11,500,000 on September 2, 2014, and KRW 3,000,000 on September 19, 2014, respectively, and if the down payment is added to each of the above down payment, it is recognized that the part payments are KRW 135,00,000,000.

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