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Title
Whether an act of donation of the sole real estate to children under a circumstance in which the imposition of national taxes is anticipated in excess of liability constitutes a fraudulent act
Summary
The act of transferring the debtor's property through the gift contract with the defendant, who is aware of the debtor's property for the purpose of detrimental to the creditor even though it is highly probable to impose national taxes on the debtor in excess of the debtor's obligation, should be regarded as fraudulent act and the
Related statutes
Article 406 of the Civil Act, Article 30 of the National Tax Collection Act
Cases
2013 Ghana 16087 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
AAA
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
March 19, 2014
Text
1. The gift contract concluded on June 21, 2013 between the Defendant and HB(O-OOOOO) is revoked within the limit of OO0 won.
2. The defendant shall pay to the plaintiff OOO and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The same shall apply to the order.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);