in excess of liabilities, the act of donation of real estate to the wife constitutes a fraudulent act.

Unless there are special circumstances, the above donation contract is deemed to have been aware of the fact against the creditor. Thus, barring special circumstances, the above donation contract becomes a fraudulent act against the creditor, and the defendant's bad faith is presumed as the beneficiary.

Article 30 (Cancellation of Fraudulent Act)

1. As to the real estate indicated in the annexed real estate:

A. The contract of donation concluded on May 15, 2006 between the defendant and the non-party Seo-young shall be revoked.

B. The defendant will implement the procedure for cancelling the registration of cancelling the transfer of ownership, which was completed by the Busan District Court No. 30514 on 15, 2006, to the non-party Seo Young-young.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

The following rooms shall be acknowledged in full view of each entry of Gap evidence 1 to 9 (including paper numbers) without a dispute between the parties, or upon full view of the purport of the entire pleadings.

A. From September 4, 2002, from Busan ○○-dong 2276-1, the above building was sold on September 11, 2006.

B. In excess of debt, Seo Young-young entered the registration of ownership transfer (hereinafter referred to as the “registration of this case”) in the name of the Defendant, his spouse, on the ground of the donation contract on May 15, 2006 (hereinafter referred to as “the donation contract of this case”) with respect to the real estate indicated in the annexed real estate (hereinafter referred to as “the building of this case”) in excess of debt, the Busan District Court received the registration of ownership transfer (hereinafter referred to as “the registration of this case”).

C. Each disposition of KRW 139,157,90 for value-added tax from January 1, 2006 to June 30 of the same year, and KRW 137,780,70 for the transfer of the above ○○○○○ Building, which was imposed on each disposition of KRW 518,209,640 for the total of KRW 518,209,640 for the transfer of the above ○○○○ Building, but the said disposition was not paid.

2. Determination

According to the above facts, the legal relationship, which is the basis of the occurrence of value-added tax claim and transfer income tax claim (hereinafter "each taxation claim of this case") against the plaintiff in Seocho-gu, has already been established by transferring the ○○ M&C building prior to the execution of the gift contract of this case by the Seocho-gu prior to the execution of the gift contract of this case, and subsequent ○○ has not fully implemented the procedure of voluntary payment such as preliminary return or final return, etc., the above claim of this case was established in the near future. In addition, there was a high probability that each taxation claim of this case has been established in the near future because the possibility of the plaintiff's imposition of each taxation claim of this case was realized by the plaintiff's imposition together with the final decision of each taxation claim of this case. Accordingly, each taxation claim of this case becomes the preserved claim of obligee's right

In addition, according to the above facts, this case's donation contract constitutes an act of reducing the joint security of an obligor who had already been in excess of his/her obligation, and Seo-young was aware that the joint security was reduced as above. Thus, barring any special circumstance, the above donation contract is deemed to have been aware of the fact against the obligee. Thus, barring any special circumstance, the above donation contract becomes a fraudulent act against the obligee, and the defendant, the beneficiary, is presumed to have been malicious.

In regard to this, the defendant had been engaged in income activities before and after his marriage with his husband, and continued income activities after his marriage around May 191, 191, and the defendant and his Western had lived separately as South and North Korea after his marriage. In addition, his husband borrowed from his parent's property and his mother's property around August 1992. Thus, since ○○ borrowed from his mother's mother, the defendant argued that this act does not constitute a fraudulent act because ○○ was donated to the defendant to repay his claim held by ○○, as it was the defendant's donation to pay his claim against ○○, it is insufficient to recognize that the donation contract of this case does not constitute a fraudulent act or did not have the defendant's bad faith, and there is no other assertion or proof that this is not necessary to further examine the remainder of the claim.

3. Conclusion

Therefore, the contract of gift between ○○ and the defendant shall be revoked, and the defendant shall restore to its original state the defendant is obligated to perform the procedure of cancellation registration of the registration of this case. Thus, the plaintiff's claim of this case shall be accepted for all reasons, and it is so decided as per Disposition.