Busan District Court 201Gadan9586 ( October 14, 2012)

gift of property to the spouse in excess of liabilities and constitutes a fraudulent act

(1) As stated in the judgment of the court of first instance, since there exists a punishment rate relationship which is the basis of establishing a tax claim at the time of donation by notifying the prior notice of taxation prior to the donation of real estate, and in the near future tax claims are established, the pertinent tax claim becomes the preserved claim of the obligee's right of revocation and the act of donation of the property to the spouse

Article 30 of the National Tax Collection Act

2012Na41509 Revocation of Fraudulent Act

Korea

Song AA

Busan District Court Decision 2011Gadan99586 Decided August 14, 2012

November 22, 2012

December 20, 2012

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The origin of request and the purport of appeal

1. Purport of claim

The contract of donation concluded on April 29, 201 with respect to the real estate stated in the separate sheet between the Defendant and KimB shall be revoked. The Defendant will implement the procedure for the cancellation of the registration of transfer of ownership, which was completed on April 29, 201 by the Busan District Court’s Busan District Court’s Busan District Court’s receipt of April 29, 201.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, the judgment of the court of first instance is just and its appeal is dismissed as it is. It is so decided as per Disposition by the assent of all participating Justices on the bench.