In order to become a fraudulent act by the debtor, the debtor's small assets should be more than the active assets.

In order to become a fraudulent act by the debtor's act of disposal of the debtor's property, such act shall cause a decrease in the debtor's whole property and in short of the joint security of claims, i.e., the debtor's small property shall be more than the active property.

The contents of the decision shall be the same as attached.

1. The third party which rejected the plaintiff's request.

2. The plaintiff shall bear the costs of lawsuit.

The defendant revoked the contract of donation of KRW 350,000,000 between ○○ on June 7, 2005, and the defendant shall pay to the plaintiff 350,000,000 with 5% interest per annum from the day following the day this decision became final and conclusive to the day of complete payment.

1. Basic facts

The following facts may be acknowledged as either a dispute between the parties or a dispute between the parties, or in view of the overall purport of the pleadings as stated in Gap evidence 1, 5, 7, and evidence 2-2 and 3.

A. On June 1, 2005, Kim Jong-hee sold KRW 2,00,000,000 to ○○ Construction Co., Ltd. for purchase price of KRW 15-,00,000 (hereinafter “the instant real estate”) owned by ○○ Construction Co., Ltd. for sale of KRW 2,00,000,00,00. After receiving the full payment of the above purchase price, he completed the registration of ownership transfer in the future of ○○ Construction Co., Ltd. on the 2th of the same month. Accordingly, the director of the Incheon Tax Office under his control determines capital gains tax as KRW 639,906,00 on March 14, 2006 as KRW 639,906,00 and notified the payment thereof by April 30, 2

B. On June 7, 2005, Kim Jong-hee paid KRW 350,000,000, out of the amount received as the purchase price for the instant real estate, to the Defendant, who is the husband’s death (hereinafter the instant disposition disposition) (hereinafter “the husband’s death”).

2. The assertion and judgment

A. The plaintiff's assertion

As the cause of the instant claim, while Kim○-hee was liable to pay a large amount of capital gains tax as above, the Plaintiff asserted that the donation of KRW 350,000,000, out of the purchase price of the instant real estate, to the Defendant, who was his own Sin-si constitutes a fraudulent act, constitutes a fraudulent act. The Plaintiff sought revocation of the above gift contract between Kim○-hee and the Defendant with the above tax claim against Kim○-hee as a preserved right, and seek compensation for the equivalent amount equivalent to KRW 350,00,00

B. Determination

In order to become a fraudulent act, the debtor's act of disposing of the property shall cause a decrease in the debtor's whole property and in short of the joint security of claims, namely, the debtor's passive property shall be more active property (see Supreme Court Decision 2000Da69026, Apr. 27, 2001). There is no evidence to acknowledge that Kim Jong-hee was in excess of his/her obligation at the time of the instant disposal, and instead, as seen above, Kim Jong-hee received full payment of KRW 2,50,000,000, and paid only KRW 350,000 among them to the defendant. Thus, it is difficult to view that 00,000,000 won was more than 1,650,000,000 won at the time of the instant disposal act, and there is no further need to acknowledge that 0,000 won was more than the amount of transfer income tax on 70,000,0000 won, and there is no further reason to acknowledge 3050,070-1 or 707.4.

Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.