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(영문) 서울남부지방법원 2014.04.25 2013가합103019
사해행위취소
Text

1. As to real estate listed in Attachment 1:

A. A donation contract concluded on July 31, 2009 between Defendant A and D.

Reasons

1. Basic facts

A. 1) D’s taxation right establishment on July 7, 2009: (a) the business facilities and neighborhood living facilities with seven floors of the Guro-gu Seoul Metropolitan Government E large 678§³ and its ground sinking area; (b) the business facilities and neighborhood living facilities (hereinafter “instant taxable property”).

On July 15, 2009, D sold the instant taxable property to F, and completed the registration of ownership transfer in F’s name with respect to the instant taxable property. 2) D did not file a transfer income tax return even after selling the instant taxable property and completing the registration of ownership transfer; on April 5, 2012, D on May 31, 2012, the head of Dongjak-gu Tax Office determined the transfer income tax on the transfer margin of the instant taxable property as the payment deadline for 565,198,768 won [the amount of additional tax due to the failure to pay the determined tax amount = 41,632,40,89 won - the amount of additional tax due to the failure to pay the final tax amount = 41,632,402 won due to the failure to report the transfer margin of the instant taxable property at KRW 39,724,916]; and notified it.

3) As of June 3, 2013, the transfer income tax in arrears of D is KRW 663,543,280, including additional dues. (b) D’s disposal of each real estate of this case as of July 31, 2009, donated the real estate indicated in attached Table 1 (hereinafter “instant real estate”) to Defendant A, one of his own children, and completed the registration of ownership transfer under Defendant A’s name as of the same day under Article 143066 of the Gwangju District Court’s receipt.

2) D on July 31, 2009, each of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 2”) to Defendant B, one’s own wife on July 31, 2009.

(3) On August 14, 2009, D sold the real estate listed in paragraph (3) of the attached Table (hereinafter “instant third real estate”) to Defendant C, one’s own Dong, and completed the registration of ownership transfer under Defendant C’s name on August 17, 2009 as the receipt of the Gwangju District Court No. 152482 on August 17, 2009.

On the other hand, the third real estate of this case at the time of sale is sold.

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