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(영문) 광주지방법원 2014. 01. 21. 선고 2013가단519137 판결
부동산 매매대금으로 수취한 금액을 압류 등의 체납처분을 면탈하고자 피고의 계좌에 입금 한 것은 사해행위에 해당함[국승]
Title

It constitutes a fraudulent act to deposit the amount received from the real estate purchase price into the defendant's account in order to evade disposition on default such as seizure.

Summary

The act of donation of the amount received as the purchase price of the real estate in the manner of deposit into the Defendant’s account constitutes a fraudulent act committed with the knowledge that it would prejudice the tax payer in order to be exempted from the disposition of seizure, etc., and the Defendant also knew that it was. Therefore, the revocation of the donation is sought pursuant to Article 30 of the National Tax Collection Act

Cases

Gwangju District Court 2013Kadan51937

Plaintiff

Korea

Defendant

Park △△△

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

on 21, 2014

Note. Do.

1. Between ○○ and Defendant Park △△△,

A. As to KRW *,00,000 on September 16, 2011*,00,00:

B. As to KRW *,00,000 on September 21, 2011:

(c) As regards September 21, 201 *,00,000,000:

D. As to KRW *,000,000 on September 22, 2011

Each contract of gift shall be revoked.

2. Defendant Park △△△ was the day following the day when the judgment of this case became final and conclusive against the Plaintiff*,000,000 won and the Plaintiff.

The rate of 5% per annum shall be paid from the day of full payment to the day of full payment.

3. The costs of lawsuit shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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