logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2015.03.13 2014가합101357
사해행위취소
Text

1. The gift contract concluded on December 5, 201 between the Defendant and B on the real estate stated in the separate sheet between the Defendant and B is 189,430.

Reasons

1. Facts of recognition;

A. A. B around November 2009, around 2009, transferred the tax claim amounting to 13 square meters and 412 square meters and 13 square meters, and did not file a transfer income tax report thereon with B. (2) The head of the astronomical Tax Office affiliated with the Plaintiff on September 4, 2012, determined and notified the transfer income tax amounting to 189,430,080 for the said transfer as of September 30, 2012.

B. On December 5, 201, B’s disposal disposition B donated real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant donation”) to the Defendant, one’s own wife, and B appears to have donated two parcels of land in addition to the instant real estate as property division following divorce to the Defendant, but the Plaintiff is seeking revocation of only the instant real estate donation as a fraudulent act.

On the 16th day of the same month, the registration of ownership transfer was completed with No. 85042 by the ASEAN Branch of the Daejeon District Court.

At the time of donation of this case, the market price of the real estate of this case is KRW 270,00,000 (=real estate of KRW 80,000,000 as indicated in the attached list 1).

C. On May 5, 1969, the Defendant and B married on May 5, 1969 and married on January 12, 2012.

【Fact-finding without dispute over the ground for recognition】 Each entry in Gap's evidence 1 through 4, and 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

A. The existence of the preserved claim 1-related legal doctrine and the obligee’s right of revocation should, in principle, have occurred before the obligor performs a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee. However, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already been established at the time of the juristic act, and that the claim is created in the near future, and the probability has actually been realized.

arrow