Title
an act of donation to a child of property in excess of its obligation constitutes a fraudulent act
Summary
Since the debtor Park Jong-A, while over his/her obligation, has deepened the excess of obligation due to the donation of the real estate listed in the separate sheet, which is in fact equivalent to the movable property, without any consideration, by which it constitutes a fraudulent act and his/her intention is presumed to be each presumed to be an obligor Park Jong-A and his/her own intention (non-drawing).
Related statutes
Article 30 of the National Tax Collection Act
Cases
2015 Ghana 10143 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
Park ○
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
2015.03.19
Text
1. As to real estate listed in the separate sheet:
A. The contract of donation concluded on December 26, 2012 between the Defendant and Nonparty Park ○○ is revoked.
B. The Defendant shall implement the procedure for registration of cancellation of ownership transfer registration, which was completed on December 28, 2012 by the 57947 filing office of the Daegu District Court Busan District Court, to Nonparty Y○○○.
2. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The same shall apply to the order.
Reasons
1. Indication of claims: To be as specified in attached Form 1;
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);