logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.01.16 2013가합33256
사해행위취소
Text

1.(a)

A donation contract concluded on November 24, 2010 between B and the Defendant with respect to the real estate stated in the separate sheet shall be 633,787.

Reasons

Facts of recognition

The defendant related to the parties is the wife B, and B is the representative director of the D Co., Ltd. located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter "D"), and D was operated on June 27, 2002 and closed on December 15, 2010.

The head of the Seodaemun Tax Office found that D had omitted sales in the year 2008 (from January 1, 2008 to December 31, 2008) and the year 2009 (from January 1, 2009 to December 31, 2009) and imposed D totaling KRW 546,681,876 and value-added tax for the said two business years on D around September 7, 2010.

In addition, the head of Seodaemun Tax Office notified the payment deadline of the global income tax for the year 2008 and the year 2009 on September 30, 2012 on the ground that the amount omitted from sales in D was the bonus of the representative directorB, and the amount was disposed of under the Corporate Tax Act on September 1, 2012.

B was not paid until now, and the amount of global income tax for 2008, calculated as of March 29, 2013, including additional dues, is KRW 721,824,100, and the amount of global income tax for 2009, the amount of global income tax for 17,225,030.

B’s donation to the Defendant on November 24, 2010: (a) donated the real estate indicated in the attached list (hereinafter “instant building”) to the Defendant, one’s wife on November 24, 2010; and (b) completed the registration of ownership transfer in the name of the Defendant on November 25, 2010 following the donation.

At the time of the donation, the lease deposit of the lessee who leased each of the households of the instant building and received the fixed date is KRW 490 million in total as shown in the attached Table, and the secured debt of the right to collateral security on the instant building is KRW 210 million in total (i.e., KRW 140 million in the debt of KRW 41 million).

At the time of donation of the instant building, the instant building and the instant golf membership (member membership number: E) amounting to KRW 153,000,000,000 in the market value was located at the time of the instant building’s donation, and the lease deposit for the instant building was made with respect to the small property.

arrow