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(영문) 부산지방법원 2017.10.12 2016가단333182
사해행위취소
Text

1. B’s act of repayment of KRW 150,000,000 that the Defendant made on January 2, 2014 shall be revoked.

2. The defendant shall make the plaintiff 150,000.

Reasons

1. Facts of recognition;

(1) On September 20, 2012, B sold KRW 530,000,000 to E and F of Gangseo-gu Busan Metropolitan Government, Busan, and KRW 6,942,00,00 (hereinafter “1 real estate”) for forest land owned by B and KRW 530,00,00,000, the transfer income tax was not reported to the competent tax office.

B. On November 19, 2013, B sold buildings of 1,440,00,000 square meters and 43 square meters and 43 square meters of land owned by B, and filed a transfer income tax report with the competent tax office.

Secondly, the director of the Seosan Tax Office under the Plaintiff notified B of the pre-announcement of capital gains tax on November 26, 2013 in relation to the transfer of 1 real estate, and notified B of the payment of capital gains tax of KRW 207,821,010 until January 31, 2014, and ② in relation to the transfer of 2 real estate, the said director notified B of the payment of capital gains tax of KRW 291,634,70 on January 2, 2015.

However, B does not pay each of the above transfer income tax.

x. B, upon receiving the transfer of KRW 943,80,000 from the building in Egyptian to the deposit passbook in the name of B on January 2, 2014, B, immediately wired KRW 570,000 to I, the creditor, the mother of B, who is the mother of B, remitted KRW 150,000 to the Defendant (hereinafter “instant remittance”), and KRW 324,045,127 to the deposit passbook in the name of B.

(v) At the time of the instant remittance act, B did not have any other collection except for the sales balance received from e.g., e., e., e., e., e., e., e., e., e., e., g., 49,45,780 won in total. As seen below, B was liable to the Plaintiff, and only 324,045,127 won in the instant remittance

[Ground of recognition] Evidence No. 2-1 to 3, Evidence No. 3, Evidence No. 5-1, 2, Evidence No. 6, Evidence No. 7-1 to 5, and purport of the whole pleadings

2. The Parties.

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