logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.04.15 2014구합22542
기초연금 부적합결정 취소
Text

1. On July 21, 2014, the Defendant rendered a decision that the Plaintiffs are inappropriate for social welfare services and benefits (basic pensions).

Reasons

1. Details of the disposition;

A. On June 26, 2014, the Plaintiffs filed an application for payment of a basic pension with the Defendant pursuant to Article 10 of the Basic Pension Act (hereinafter “Act”).

B. As a result of the investigation into the income and property, the Defendant considered the Plaintiffs’ financial assets as KRW 21,826,00,000, general property as KRW 176,000, KRW 11,354, KRW 118, and KRW 399,538,80, and determined the total amount of property as KRW 608,718,918.

Among them, the other property is 7,654m2 (hereinafter “instant land”) donated by the Plaintiff A to C around March 2012.

C. On July 21, 2014, the Defendant notified the Plaintiffs on July 21, 2014 that the monthly recognized amount of KRW 1,392,00,840 calculated pursuant to Article 2 subparag. 4, etc. of the Act exceeds the payment standard amount of KRW 1,392,00 (hereinafter “instant disposition”).

【Fact-finding, Gap’s evidence Nos. 1, Eul’s evidence Nos. 2, 4 through 6, and 8 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On March 2004, the plaintiffs asserted that they transferred the land of this case to C because they were unable to repay their father Eul's debt, and they completed the registration of ownership transfer claim instead of the registration of ownership transfer as the issue of the qualification certificate.

Since then, Plaintiff A and C completed the registration of transfer of the instant land in the future by designating the grounds for registration as “donation” around March 2012 in order to ensure that Plaintiff A does not bear the tax on the transfer margin accrued while the transfer registration is delayed due to C’s circumstances.

Therefore, even though the above donation is merely a sale or a accord and satisfaction made around March 2004, the Defendant’s disposition of this case, which included the land of this case and included the property of this case on different premise, is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. On May 4, 1987, Plaintiff A, as well as the instant land.

arrow