the sole possession of the property owned by the owner, even if there is a default tax amount, shall constitute a fraudulent act

the sole possession of the real property in excess of the real property owned by the owner in excess of the amount of delinquent tax shall be deemed to constitute a fraudulent act to evade tax liability.

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

2018 Ghana 11154 ( December 05, 2018)

Korea

○ Kim

November 21, 2018

December 05, 2018

1. (a) On August 30, 2017, between the Defendant and Dok○○○, with respect to each real estate listed in the separate sheet No. 1 as indicated above.

The contract to establish a mortgage shall be revoked.

B. The Defendant shall implement the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage completed under No. 26593, which was completed on August 30, 2017, such as the Changwon District Court Changwon District Court Seoyang Branch Branch Branch Branch Branch, etc. with respect to each real estate listed in the separate sheet No. 1 list.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

1. Indication of claims: To be as shown in attached Form 2;

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

Cheongwon of the Gu

1. Details of the taxation claims that are preserved claims;

A. Non-party 1 (hereinafter referred to as "non-party 1") transferred real estate under his/her own possession and reported capital gains tax (Article 1-4 of the Evidence A, the "Report of Capital Gains Tax", and the "Civil Petition Receipt No. 2")

B. The head of ○○ Tax Office under the Plaintiff’s control of the Plaintiff did not report and pay the transfer income tax, and the Nonparty did not pay the transfer income tax until now, and the total amount of national taxes in arrears, including additional dues, was 347,017,820 won (hereinafter “instant tax claim”). (A)

2. Reduction of liability property and fraudulent act;

A. The Nonparty: (a) established the basic legal relationship of the taxation claim related to the above preserved claim; and (b) predicted that the high amount of transfer income tax would be notified in the near future, the Nonparty reduced liability property by completing the registration of the establishment of a neighboring mortgage with ○ District Court No. 26593 on August 30, 2017, such as ○○ District Court ○○○○○○○○ Branch Branch Office ○○○○○○ Branch ○6593 on its receipt; and (c) thereby, the Plaintiff could not obtain the satisfaction of the tax claim. (d) The Nonparty’s certificate No. 4’s certificate No. 1 to 4’s entire certificate of registration”).

B. The high probability that the national tax of the above higher amount is notified is realized by the head of the above Kimhae Tax Office by notifying the national tax, but the non-party is not paying the higher amount of national tax notified until now.

C. Attached 2 list of the instant real estate on August 30, 2017 on the date the Nonparty reported capital gains tax.

The act of establishing a contract to establish a collateral security is not a national tax notified to him but a fraudulent act to be exempted from compulsory execution due to the disposition of national tax in arrears.

3. Whether the debts are in excess;

Fraudulent act means an act that makes it impossible to fully satisfy the creditor's claims because the debtor's property has been reduced by the debtor's act of disposing of his property and the amount of joint security already insufficient due to the decrease in the creditor's property or the amount of joint security already insufficient. The Non-party's property investigation was conducted by the non-party, but the assessed value of the non-party's active property (evaluation of the officially assessed price) was KRW 71,795,874, but it further deepens the excess of the debt by setting up a collateral security of KRW 72,00,000, which is the fraudulent act in this case. (A evidence 5-1 of the evidence 5, taxpayer's computerized property data, and evidence 5-2 of the evidence 5-2

3. Intention and bad faith of the defendant;

The Nonparty was well aware of the fact that the Defendant, at the time of doing the act of establishing a right to collateral security on the instant real estate, which is the only property owned by himself, was predicted to be notified of the high amount of capital gains tax on the date of filing the return of capital gains tax.

○○○○○ regional tax office’s property tracking of the delinquent taxpayer and the public official under its jurisdiction received a written answer to the Defendant. However, it appears that a collateral security was created without actual monetary transactions, such as making payment in cash for the real estate sales contract and failing to submit materials to prove cash payment. This constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee, and at the same time presumed to be the Defendant’s intention to commit suicide (Article 6 of the questionnaire).

5. The date on which he becomes aware of a fraudulent act;

○○○○ Regional Tax Office affiliated with Plaintiff was issued a full certificate of the registered matters of the instant real estate in the process of investigating the delinquent taxpayer in order to enforce the disposition on default against Nonparty, and it became aware of Nonparty’s fraudulent act on April 02, 2018 upon receipt of an answer to the Defendant, who is the mortgagee of the instant real estate.

6. Conclusion;

In light of the above facts, the Nonparty’s act of setting up a right to collateral security on the attached list 2 of the instant real estate constitutes a fraudulent act, which is an act of knowing that it would prejudice the Plaintiff, who is a national tax creditor, in order to evade tax liability. Therefore, the Plaintiff is bound to file this lawsuit, such as the purport of the claim, in accordance with Article 406 of the Civil Act and Article 30 of