Lawsuit seeking revocation of fraudulent act (real estate)

The act of making a donation of the instant real estate to the Defendants, who are children of a delinquent taxpayer after divorce with his spouse, may be deemed as a fraudulent act detrimental to the obligee.

Article 24 [Attachment] of the National Tax Collection Act

Jeju District Court 2016dan60128 (O1, 2017)

Korea

1. KimA 2. KimB

The KimAA shall, in the case of Jeju, make a proposal to the KimCC with respect to the area of 215 square meters in the Gu-Eup 785 square meters in the Gu-Eup 3

The procedures for the cancellation registration of transfer of ownership completed by No. 90264 on November 21, 2012 shall be implemented.

have an obligation to take place.

KimB shall, to KimCC, have the Hando-ro 1253-8 square meters and Jeju-si 235 square meters and Jeju-si.

Jeju District Court No. 90263, Nov. 21, 2012, received on November 21, 2012, 90263

There is an obligation to implement the procedure for cancellation registration of transfer transfer registration.

5. Conclusion

The plaintiff's claim against the defendants is justified and accepted.

oly 23, 2017

1, 2017.08

1. As to the land size of 215 square meters in the Gu-Eup 785 square meters in Jeju-si between Defendant KimA and Nonparty KimCC

The contract of donation concluded on November 20, 2012 shall be revoked.

2. The gift agreement concluded on November 20, 2012 between Defendant KimB and Nonparty KimCC is revoked with respect to the size of 1253-8 m235 m2 in Jeju-si, Hancheon-gu, Hancheon-si, Jeju-do, and 1618 m202 m2 in Jeju-do.

3. Defendant KimA shall implement the procedures for registration of cancellation of ownership transfer registration, which was completed on November 21, 2012 by the Jeju District Court No. 90264, with respect to the area of 215 square meters in the Gu-Eup 785 square meters in Jeju-si, Jeju-si.

4. Defendant KimB shall comply with the procedures for the registration of cancellation of ownership transfer, which was completed as of November 21, 2012 by the receipt of No. 90263, with respect to the registration of cancellation of ownership transfer, which was completed as of November 21, 2012, with respect to the area of 202m20,000 square meters in Hancheon-si, Hancheon-si, Jeju-si, and the area of 1253-8m2

5. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order of the Gu office.

1. Claims for preservation;

Nonparty 2: (a) on May 15, 2012, Nonparty 1: (b) on the Jeju-si 2644 and three parcels; (c) on the other hand, on the other hand, he did not pay capital gains tax; (d) on October 31, 2012, the head of Jeju-si notified KimCC of KRW 7,828,540 of the capital gains tax for the year 2012. KimCC completed the registration of ownership transfer on the other hand, Defendant 1, 25,000,000,000,000,000 won including additional dues and increased additional dues (Ga 2,92,510,000,000). The Plaintiff had the said tax claim against KimCC. 2, on February 20, 2012, Nonparty 2: (a) on the other hand, 30,000,00 Jeju-si 1,000,000

Since KimCC donated each of the above real estate to the Defendants in excess of its obligations (the purport of the evidence Nos. 6, 11, 12, and the entire pleadings), it constitutes a fraudulent act detrimental to the Plaintiff, a creditor, and in light of the details of the donation and the relationship between KimCC and the Defendants, the intent of harming the Plaintiff is also recognized. Therefore, each of the above gift agreements shall be revoked, and the Defendants shall be obliged to restore, barring any special circumstances.

3. Judgment on the defendants' assertion

A. The assertion

Each gift contract of this case against the Defendants, who are the children of KimCC, does not constitute a fraudulent act as being conducted under the pretext of ① payment of child support, etc. to their children in the divorce process between KimCC and Non-Party DoD, ② division of property and consolation money to DoD.

B. Determination

Inasmuch as KimCC married with DoD on July 16, 1996 and married with DoD on October 4, 2012, the Defendants were born between KimCC and DoDD, and at the time of the agreement, KimCC reported a divorce to DoD and its children paid KRW 2,50,000 per capita a month to DoD from the day following the date of the agreement on divorce to the day of age (No. 1, No. 1, No. 1, No. 44). However, in light of the following: (a) it is difficult to view that KimCC’s donation to the Defendants of each of the instant real estate to be the only property division or consolation money for each of the instant real estate to be paid to DoD; and (b) it is difficult to recognize that the Defendants’ donation of each of the instant real estate to DoD was made to DoD at the time of the transfer of ownership on November 28, 2012; and (c) it is difficult to deem that each of the instant real estate was paid to the Defendants.

4. Reinstatement;