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(영문) 서울동부지방법원 2015.01.29 2013가단60846
구상금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 12,321,359 and the interest rate of KRW 20% per annum from January 29, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were born between Nonparty E (F birth, death on February 21, 2010) and Nonparty G (H birth, death on October 15, 2012) and Nonparty G (H birth, death on October 15, 2012). The Plaintiff and the Defendants are the male and female of Defendant B, Defendant C’s male and female, the Plaintiff’s female, and Defendant D’s male and female.

B. J apartment 261 Dong 1704 (hereinafter “instant real estate”) located in Suwon-si, Suwon-si, Suwon-si, as property E acquired the ownership on March 24, 2006, E donated it to G on February 2, 2010, and the registration of ownership transfer of the instant real estate was completed in the name of G on February 3, 2010. After which Nonparty Korean Red Cross received the decision of provisional seizure on real estate under Seoul Central District Court Decision 2012Kadan57308 on December 20, 2012 and registered the provisional seizure, on behalf of the Plaintiff and Defendants, the heir of G, the heir of G, and the Defendants on January 2, 2013, the registration of ownership transfer was completed due to inheritance on October 15, 2012.

C. On the other hand, on January 7, 2010, E transferred K Apartment 102 Dong 302 and 302 of the Gangnam-gu Seoul Metropolitan Government, which he owned, to any other person, and did not report capital gains tax thereon. On January 7, 2010, E was notified by the head of the Dongwon District Tax Office affiliated with the Republic of Korea of payment of capital gains tax of 30,266,710 won, but did not pay it.

Since then, the Republic of Korea filed a lawsuit seeking revocation of a fraudulent act with the Suwon District Court Decision 201Da54088, which held that the contract on February 2, 2010 with respect to the instant real estate by E and G was fraudulent, and the said court revoked the contract within the scope of KRW 30,26,710 on March 20, 2012. G shall be revoked within the scope of KRW 30,26,710. G shall pay to the Republic of Korea the amount of KRW 30,26,710 and the amount calculated at the rate of KRW 5% per annum from the day following the final judgment to the day of full payment. The above judgment (hereinafter “instant judgment”).

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