an act of donation to a spouse under excess of liabilities constitutes a fraudulent act.

The transfer registration of this case was completed on the ground of the gift contract with the spouse under excess of debt, and as long as there was a shortage of liability property, which is a joint security for general creditors, due to such act, this constitutes a fraudulent act and is presumed to constitute a bad faith of the beneficiary, so the gift contract should be revoked.

2012 Ghana 105359 Revocation of fraudulent act

Korea

XX Kim

November 8, 2012

November 22, 2012

1. The gift agreement concluded on February 10, 2012 between the defendant and leapA (****************) with respect to 1/2 shares of the real estate recorded in the separate sheet shall be revoked.

2. The Defendant shall comply with the procedure for the cancellation of the ownership transfer registration that was completed on February 14, 2012 by the receipt No. 8346 with respect to the said shares by the Seoul Northern District Court Dobong.

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

The same shall apply to the order.

1. Facts of recognition;

A. On March 15, 2007, the Defendant, who is the wife of the leapA and the leapA, was co-owners who completed the registration of ownership transfer with respect to the real estate listed in the separate sheet, and each co-owned share was 1/2.

B. The establishment date of the capital gains tax for the Plaintiff is November 30, 201 and December 31, 2011, respectively, and the total amount of notified tax is 000,000, and the amount of delinquent tax as of July 10, 2012 is KRW 00.

C. While having exceeded the obligation on February 14, 2012, leapA completed the registration of ownership transfer based on the gift contract on the 10th of the same month on the 10th of the same month (hereinafter referred to as "the gift contract of this case", and hereinafter referred to as "the registration of transfer of this case").

[Reasons for Recognition] : Facts without dispute, entry of Gap 1, 5, 8, 9, and the purport of the whole pleadings

2. Determination

According to the above facts, the registration of the transfer of this case was completed on the ground of the gift contract of this case, which is the spouse, while in excess of the debt, to the defendant who is the spouse. As long as the shortage of liability property, which is a joint security for the general creditors of leapA, caused by the above act of leapA, this constitutes a fraudulent act, and the defendant's bad faith is presumed to have been presumed to have been a beneficiary, the above donation contract should be revoked, and the defendant is obligated to implement the procedure for the cancellation of the registration of the transfer of this case to le

3. Conclusion

If so, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.