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(영문) 서울남부지방법원 2017.11.09 2016가단229113
사해행위취소
Text

1. A gift contract of KRW 25 million entered into on June 16, 2016 between the Defendant and Nonparty B (C) and KRW 100 million entered into on July 3, 2014.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 9 and Eul evidence No. 1:

(1) On July 2, 2013, Nonparty B, the Defendant’s spouse, entered into a sales contract with the New Industry Development Co., Ltd. to sell KRW 3,640 square meters (hereinafter “D land”) of the purchase price of KRW 880,880,00,00 between the purchase price and the purchase price of KRW 3,640 square meters (hereinafter “D land”).

(2) B received from the said Company KRW 529,903,070, excluding the remainder of the purchase price of collateral loan 350,976,930 from the said Company, from the Hansan Agricultural Cooperative, to the original Agricultural Cooperative’s Identity Branch Account (E; hereinafter “instant account”) under one’s name, and KRW 88,08,000,000 on February 88, 2013, and KRW 353,727,070 on April 22, 2014, respectively, and completed the registration of ownership transfer with respect to D land on April 22, 2014.

(3) On August 10, 2014, the director of the tax office of North Korea under his/her control of the Plaintiff imposed capital gains tax of KRW 163,721,878 on B on August 10, 2014 (i.e., penalty tax of KRW 2,037,226), and local income tax of KRW 16,168,465 (i.e., 161,684,652) and KRW 16,168,465 (i.e., 161,684,652) and then notified B of the payment of capital gains tax of KRW 163,721,870 by August 31, 2014.

(Additional dues are added to 209,891,870 won).

The Defendant concluded a sales contract to purchase the instant apartment from G on June 14, 2014, to purchase KRW 304,000 from the Gangseo-gu Seoul Metropolitan Government F apartment 103 Dong 1301, and agreed to pay KRW 30 million for the intermediate payment of KRW 10 million on July 4, 2014 at the time of the contract, and the remainder payment of KRW 174 million on July 25, 2014.

(2) On June 201, 201, from the instant account to the account in the name of G, the seller, as the purchase price of the instant apartment.

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