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(영문) 부산지방법원 2017. 08. 17. 선고 2017나40433 판결
증여행위는 유효하므로 이에 기초한 납세담보제공행위도 유효함[국승]
Case Number of the immediately preceding lawsuit

Busan District Court-2016-Ban-24969 ( December 23, 2016)

Title

Since gift act is valid, it is also valid to offer security for tax payment based on it.

Summary

Since there has been ratification of invalid acts, the act of donation is valid, and the offer of security for tax payment is also valid.

Related statutes

Article 29 of the Framework Act on National Taxes

Cases

2017Na40433 Implementation of the procedure for cancellation of ownership registration, etc.

Plaintiff

KimO and 2

Defendant

Republic of Korea and 3

Conclusion of Pleadings

on 13, 2017

Imposition of Judgment

on 17, 2017

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance court shall be revoked. The decision of the plaintiffs shall be revoked. ① As to the portion of each one-half of the real estate listed in the separate sheet in the separate sheet, the defendant OOOOOO completed on May 1, 2015 with the receipt No. 0000, and the defendant △△△△△△△△ completed on May 1, 201 with the receipt No. 0000 of the same registry office. ② As to the real estate listed in the separate sheet, the defendant OO shall implement the procedures for the cancellation of ownership transfer registration completed on November 14, 201 with the receipt of No. 6378 of the same registry office on September 14, 201; ③ As to the real estate listed in the separate sheet, the defendant OO shall perform the procedures for cancellation of ownership transfer registration completed on September 14, 201 with the same registry office on September 14, 2015 with the receipt of each maximum debt amount of KRW 600,0000,000.35.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main text of Article 420 of the Civil Procedure

Therefore, the judgment of the first instance court is just and without merit, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.

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