Revocation, etc. of Fraudulent Act

The sales contract for the real estate indicated in the attached list shall be revoked, the procedure for the cancellation registration of transfer of ownership, and the procedure for cancellation of transfer of ownership for the motor vehicle listed in the attached list shall be implemented (ended

Article 30 of the National Tax Collection Act

The Defendant recognized the claim of this case.

Description of Claim

The purport of the claim is as stated in the written application for modification.

The grounds for the claim shall be as specified in the attached sheet.

Change Application Form

1. The sales contract of October 7, 2004 between the defendant 1 and the non-party 1 corporation ○○○ is revoked.

2. Defendant 1 shall implement the procedure for registration of cancellation of ownership transfer registration made on October 8, 2004 at the ○○ District Court’s ○○○○ registry office with respect to the real estate set forth in Articles 1 through 10 of [Attachment 1] to Nonparty 1, ○○○○, Inc.

3. The contract on the transfer of name between the defendant 2 and the non-party 2, ○○○, as to the motor vehicles listed in the No. 1 through No. 2 of the annexed Table 2, shall be revoked.

4. Defendant 2 completed each procedure for the registration of transfer of name, which was completed as No. 61261 on October 18, 2004 to ○○○○○○○○ Co., Ltd. as to the motor vehicles listed in [Attachment 2] List No. 1], and as to the motor vehicles listed in [Attachment 2] List No. 61260, Oct. 18, 2004, to ○○○○○○○○○○○○○○○

5. The costs of lawsuit shall be borne by the defendants.

I request a judgment of "."

Grounds of Claim

1.the formation of tax claims;

The head of ○○ Tax Office under the Plaintiff-affiliated Tax Office conducted a confirmation investigation on the person suspected of illegal circulation of tax-free petroleum for the period from August 30 to September 7, 2004 on the non-party delinquent taxpayer corporation ○○○○ (hereinafter the non-party corporation) for the period from August 30 to September 7, 2004. The details of illegal circulation of tax-free petroleum were serious in the process of confirmation investigation, converting the type of investigation into an integrated investigation on September 7, 2004, and conducted a trade order investigation for the period from September 8, 2004 to September 16, 2004.

As a result of the investigation, the head of ○○ Tax Office issued a notice of the results of the tax investigation on September 30, 2004, which was scheduled to notify the tax amount of KRW 254,965,122, after recovering underreporting the amount of income during the period from March 1, 2001 to June 30, 2004.

After receiving a notice of the result of tax investigation on October 1, 2004, the non-party corporation filed a request for pre-assessment review, which is the procedure for objection prior to the tax assessment on October 19, 2004, with ○○○562, which was the receipt of the notice of the result of tax investigation, as to the result of tax investigation, and the ○○○ Tax Office sent to the non-party corporation a written decision of pre-assessment review as to the procedure of objection to the procedure of objection by ○○○ 2004-702 on November 24, 2004, and on January 31, 2005, but the non-party corporation did not pay it up to now.

2. Fraudulent act;

On October 1, 2004, the non-party corporation received a notice of tax investigation results from the tax office on October 8, 2004, and completed the registration of transfer of ownership in the name of Defendant 1 on the ground of the sales contract as of October 7, 2004 by ○○ District Court’s receipt of ○○○ Office’s receipt of ○○○ Office’s sales contract (hereinafter “instant real estate”). On October 8, 2004, the non-party corporation completed the registration of transfer of ownership in the name of Defendant 1. On October 18, 2004, the non-party corporation’s representative director Kang○○ Office used for private use and entered in Part 1 through Part 2 (hereinafter “instant vehicle”). On October 18, 2004, the non-party corporation received ○○○○○ and 61260, 61261, Defendant 2 under each name of Defendant on October 8, 2004.

3. The intention of an injury.

The non-party corporation knew that national taxes, such as corporate tax related to the investigation, will be imposed immediately after receiving the notice of the results of the tax investigation in this case, and deemed that it did not pay the only property to Defendant 1 and Defendant 2 within the due date of payment of the tax notice, and thus, it would have known that it would prejudice the Plaintiff at the time of selling the real estate and automobiles to Defendant 1 and Defendant 2.

4. Bad faith of the defendant

Defendant 1 is the mother of Nonparty 1 Kim ○, and Defendant 1’s son Kim ○ is the non-party corporation’s proprietor of ○ Energy Co., Ltd., which purchased oil without a real transaction during the year 2002, and the non-party corporation and the non-party corporation committed an act of confirming the fact that the processing transaction between the non-party corporation and the non-party corporation was actually traded. On October 14, 2004, Defendant 1 and Defendant 2’s contact number on the business registration application of the non-party 2 in the same location as that of the non-party corporation submitted to the ○○ Tax Office on October 14, 2004, indicated the contact number of the non-party 1 and the non-party 1’s son Kim ○○ and the non-party corporation are closely related to the commercial transaction.

Defendant 2 was owned by Defendant 2 even though it was not owned by Defendant 2 with respect to the land and building of the gas station located at ○○○○○-ri 859, which was operated by the non-party corporation, and the contact information was indicated as the Hand phone number of the non-party Kim○○○○○○, October 15, 2004, applied for business registration as the trade name of the non-party 17381, and was issued a business registration certificate on October 15, 2004. The non-party corporation acquired the instant automobile as of October 18, 2004. The non-party corporation did not have any other property except the instant real estate and the instant automobile, and thus, Defendant 1 and Defendant 2 should be deemed to have known the fact that this sales was fraudulent at the time of acquiring the instant real estate and the instant automobile, and the intention of harming the non-party corporation.

5. Insolvent of a non-party corporation

The non-party corporation did not have any property other than the instant real estate and automobiles at the time of the fraudulent act.

6. Conclusion;

In light of the above facts, the act of this case by the non-party corporation constitutes a fraudulent act committed while being aware that it would prejudice the creditor, and as such, the defendant 1 and the defendant 2 were aware of the fact, as stated in the purport of the claim, the plaintiff was seeking cancellation of the sales contract and cancellation of the registration of transfer of ownership of the real estate of this case and seeking cancellation of the registration of transfer of ownership

List 1

Indication of Real Estate

1. The ○○○○-ri ○○○○-ri, Jeonnam-do;

Miscellaneous land 339 square meters

2. The ○○○○-ri ○○○○-ri, Jeonnam-do.

Miscellaneous land 1008 square meters

3. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

An assembly-type panel, agricultural warehouse and manager 131.04 square meters;

4. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

Miscellaneous land: 556 square meters

5.Seoul-do ○○○○○○-ri ○○○○○○○○-si, Jeonnam-do

Miscellaneous land 462 square meters

6. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

76.30 square meters in a block structure, a panel, a single-story office, and a store;

7. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

Miscellaneous land 1079m2

8. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

48 square meters in a single-story lubedy lubal roof 100 square meters in a single-story

140.3 square meters in the office of a gas station in the lub roof of a red tank lub roof.

9. ○○○○○-ri ○○○○○-ri, Jeonnam-do.

Miscellaneous land 129 square meters

10. Jeonnam-do ○○○○-ri ○○○○○-ri, ○○.

49.50 square meters in a single-story agricultural vertical plate 49.50 square meters;

List 2

Indication of Automobile

1. Registration number: Jeonnam ○ ○○;

next name: ○ GS

An engine model: DC4B

The chassis number: ○○○○○

Type approval number: ○○○○○○

Place: ○

Owner: ○○○

Date of registration: October 18, 2004

2. Registration number: Jeonnam ○ ○○

next name: ○ GS

An engine model: DC4B

The chassis number: ○○○○○

Type approval number: ○○○○○○

Place: ○

Owner: ○○○

Date of registration: October 18, 2004