logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2018.07.17 2017가단26095
사해행위취소
Text

1.(a)

The contract was concluded on March 15, 2016 between the defendant and the non-party B on the real estate listed in the attached list 1.

Reasons

1. Basic facts

A. The head of the same tax office, under the Plaintiff’s jurisdiction, issued a notice of the Plaintiff’s global income tax of KRW 12,296,520 as the due date for payment on June 30, 2016, and the global income tax of KRW 36,060 as the global income tax of KRW 112,296,520 as the global income tax for the second year from January 1, 201 to 2015, which was engaged in wholesale and retail business under the trade name “D” in Busan-gu, Busan-gu, the head of the same tax office confirmed that the amount of revenue was omitted from the use of the borrowed account, as the name “D,” and notified that the global income tax of KRW 3,36,060 as the due date for payment on May 24, 2016, was not paid after B filed a voluntary declaration on May 24, 2016.

B fails to pay the above taxes, and on October 17, 2017, national taxes are delinquent as follows:

(hereinafter “instant taxation claim”). B.

Attached Form

Transfer B of the real estate listed in the list 1 and the real estate listed in the attached list 2, on March 8, 2016, sold the real estate listed in the attached list 1 and the real estate listed in the attached list 2 (hereinafter “each of the instant real estate”) to the Defendant, who is a fraud, at KRW 282,00,000 (hereinafter “instant sales contract”); and the Defendant completed the registration of transfer of ownership as to each of the instant real estate on March 15, 2016 by the Busan District Court’s Seo branch branch branch office, which was received on March 15, 2016.

On the other hand, on June 1, 2016, the registration of creation of a mortgage was completed on the real estate listed in the attached list 2, 114,000,000 won with a maximum debt amount of 114,00,000,000 won, the debtor and the mortgagee E, and the registration of creation of a mortgage was cancelled on the same day due to the cancellation of the existing registration of creation of a mortgage.

C. At the time of entering into the instant sales contract, B’s active property did not exist except for each of the instant real property, and a small property had a debt of KRW 95,00,000 against E, other than value-added tax and global income tax.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and others.

arrow