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(영문) 인천지방법원 2015.12.23 2015가합52134
사해행위취소
Text

1. Revocation of each gift agreement concluded between the defendant and B on each of the money listed in the separate sheet No. 1

2...

Reasons

1. Facts of recognition;

A. B from May 4, 2002, 201 to operate a company that manufactures and exports B with the trade name of “C”, and closed its business on August 9, 2010, B filed a return by reducing the amount received through foreign exchange while operating “C” and omitting part of the amount of revenue. As a result of the investigation into B’s personal business place from February 2, 2012, the head of the North Incheon District Tax Office submitted a return by omitting part of the amount of revenue subject to global income tax from February 2006 to 2009. On April 1, 2012, B filed a return by stating that B filed a return by omitting part of the amount of revenue subject to global income tax payment from February 2006 to 2009 (hereinafter “instant tax claim”). Accordingly, on April 30, 2012, B corrected the total amount of income tax from 2006 to April 30, 2012, and notified the payment of the tax claim.

Notice of the date when the liability to pay taxes reverts to the tax item (original) 1 global income tax of 2006-12-31, 2006 120,847,206 207-12-312-31, 2006 global income tax of 2007-12-31,236,189,987 3 global income tax of 2008-12-3129,020,475 4 global income tax of 2009-12-3136,328,046 small 987,385,714

B. Each money listed in the separate sheet No. 1 attached to the Defendant’s account B deposited from his company bank account to July 28, 2010, when operating “C” over six times from April 14, 2010 to July 28, 2010, respectively, deposited KRW 250,000,000 in the separate sheet No. 1 as shown in the separate sheet No. 1, and deposited each money in the Defendant’s account in the Defendant’s name as his wife (hereinafter “each of the instant deposits”).

C. At the time of each of the instant deposited money in B’s property status, there was real estate indicated in the attached Table 2, which was the base price of collective housing as of January 1, 2010, 92,000,000, and there was a tax liability of KRW 987,385,714 in total with the small property as of January 1, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 12 through 16, the purport of the whole pleadings

2. Each of the instant deposits against the Defendant in the judgment on the main defense of this case is a donation.

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