It cannot be viewed as a fraudulent act that a debtor in excess of his/her obligation has continued to conduct a business by judging the most reasonable method for preserving the responsible property.

It is judged that the debtor in excess of his/her obligation continues to operate his/her business through a loan of funds, etc., and it cannot be viewed as a fraudulent act if he/she continues such business.

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

2014Na201706 Revocation of Fraudulent Act

1. Bankruptcy debtor AA, a bankruptcy trustee of the Republic of Korea, and Lee B-B; and

1.CC real estate trust company;

November 25, 2016

on October 06, 2010

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

The trust contract concluded on April 11, 201 between the defendant and AA with respect to each real estate listed in the separate sheet shall be revoked.

The defendant will implement the procedure for cancellation registration of each transfer of ownership completed on April 14, 201 by the receipt No. 50529 with respect to each real estate listed in the separate sheet to AA Co., Ltd.

Purport of appeal

The judgment of the first instance shall be revoked.

The trust contract shall be cancelled, and the defendant shall implement the same procedure as the statement.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows: (a) the entry of 3 to 15 pages 17 of the first instance judgment, except for the dismissal or addition as follows, is the same as the entry of 3 through 17 of the third to 15 of the third to 15 of the first instance judgment (Provided, That the part related to the joint Defendant FF FFFFFFFFFF corporation of the first instance judgment withdrawn

-DefendantCC real estate trust Co., Ltd. (hereinafter referred to as “DefendantCC real estate trust”) in Part 7 of the third instance judgment of the first instance court is charged with “Defendant” as “Defendant”, and thereafter, “DefendantCC real estate trust” as “Defendant”.

-attached Form 1 after the third week of the first instance judgment shall be raised in attached Form 1, respectively.

-Defendant FFFFF corporation of the third and tenth instances of the first instance judgment is charged with "FF corporation of the first instance co-defendant F corporation of the FF corporation (hereinafter referred to as "FF")", and thereafter, "Defendant F corporation" is charged with "Korean Asset Trust".

-the third 12th son of the first instance judgment shall turn "the plaintiff" into "the Republic of Korea".

-take off the fourth and fifth written judgments of the first instance as "in practice".

-as of the 9th decision of the first instance, the following shall be added:

(i) Bankruptcy of A and the Plaintiff’s taking over litigation;

On August 27, 2014, AA was declared bankrupt by the Seoul Central District Court (2014Hahap10002), and on the same day, the said court appointed the Plaintiff as the trustee in bankruptcy of AA. This court, on August 19, 2016, issued an order to continue the proceedings of this case by allowing the Plaintiff to take over the status of the former Republic of Korea pursuant to Articles 406 and 347(1) of the Debtor Rehabilitation and Bankruptcy Act and Article 244 of the Civil Procedure Act.

-The 9th sentence of the first instance court [based on recognition] shall add "any significant fact to this court".

-The Defendants of Part 10, 15, of the first instance judgment, are appointed as the Defendant and the Intervenor joining the Defendant.

-The Defendants, after the 11th decision of the first instance court, appear to be “Defendant and F”.

-Article 11(A) of the 11st sentence of the first instance court shall read "A" as "Plaintiff".

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.