Title
The debtor's transfer of current real estate in excess of debt constitutes a fraudulent act.
Summary
The fact that the debtor who was in excess of his/her obligation sold the immovable property owned by him/her to the defendant who is the representative director of the company constitutes a fraudulent act.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2012 Ghana 1497 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
CHAPTER A
Conclusion of Pleadings
July 8, 2012
Imposition of Judgment
July 16, 2012
Text
1. As to each real estate listed in the separate sheet between the defendant and the BB industry corporation, September 1, 201
The sales contract concluded shall be revoked within the limit of 000 won.
2. The defendant shall pay to the plaintiff 00 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.
3. The costs of lawsuit shall be borne by the defendant.
Purport of claim
The same shall apply to the order.
Reasons
1. Indication of claim;
On September 1, 2011, BB industry corporation, which was in excess of the debt due to the Plaintiff’s debt, entered into a sales contract with the Defendant, who is the child of the representative director of the company, on September 7, 201, and implemented the procedure for the registration of ownership transfer on September 7, 201. The above sales contract shall be revoked as it constitutes a fraudulent act, but compensation for the value shall be granted due to the relationship with which it is difficult to restore the original state.