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(영문) 서울북부지방법원 2016.12.29 2016가단122406
사해행위취소
Text

1. As to the apartment recorded in the attached list, title trust between B and the defendant on July 23, 2014.

Reasons

1. If the purport of the entire pleadings is added to each part of Gap 1-11 (including each number), Eul is delinquent in global income tax of KRW 125,561,300 (the amount reverted to the year 2009), and on July 24, 2014, with respect to an apartment recorded in the separate list where the ownership transfer registration was completed under the former name of Eul (hereinafter referred to as "the apartment of this case for convenience"), the defendant's ownership transfer registration (the cause of the registration: the cancellation of the title trust on July 23, 2014) has been completed, and it can be acknowledged that the excess of Eul's obligations has further deepened. However, if the defendant, who had not been clearly and actually revealed during that period, did not have been able to resolve the arrears in national taxes of Eul, who was the owner of the apartment of this case, due to the above fraudulent act, the title truster of this case's revocation of the ownership transfer registration on the apartment of this case was sufficient in light of the circumstances as above concerning the title trust of this case's apartment of this case.

2. Accordingly, the Plaintiff’s instant claim seeking the return of originals due to the revocation of the said fraudulent act and the subsequent restitution is justifiable, and thus, it is accepted as it is.

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