(1) If such donation is anticipated to be designated as a secondary taxpayer, it constitutes a fraudulent act.

Gift act constitutes a fraudulent act committed with knowledge that it is possible to expect a delinquent taxpayer to be designated as a secondary taxpayer and that such act may sufficiently prejudice the head of the district tax office.

2012 Ghana 2035 Revocation of Fraudulent Act

Korea

XX

Pleadings without Oral Proceedings

May 24, 2012

1. As to each real estate listed in the separate sheet:

A. Revocation of the gift agreement concluded on May 17, 201 between the Defendant and KimA, and

B. The Defendant shall implement the procedure for registration of cancellation of ownership transfer registration that was completed on August 3, 201 by the Incheon District Court’s reinforcement registry office and completed on August 3, 2011.

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

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Article 208 (3) 1 of the Civil Procedure Act;

Grounds of Claim

1. Status of parties;

The plaintiff is a tax creditor of the non-party in arrears KimA (hereinafter referred to as "the non-party in arrears KimA"), and the defendant B is a "spouse of the non-party in arrears KimA" and was donated to the property of the non-party in arrears by KimA (the certificate of marital relationship No. 1).

2. Claims for preservation;

(a) Details of taxation and amount of taxation claims;

The delinquent KimA, a non-party delinquent corporation, is the representative of the XX enterprise (hereinafter referred to as "original taxpayer") and the secondary tax obligor as a tax guarantor. The director of Gangnam-gu Tax Office under the plaintiff's control (hereinafter referred to as "small Tax Office") imposed the original taxpayer the value-added tax of 00 won for the final and conclusive value-added tax for the first period of 2010 and the value-added tax for the second period of 2010 each on October 2010, but the delinquent taxpayer KimA sold the letter of guarantee that the original taxpayer will pay under his/her own responsibility to the original taxpayer on March 31, 201 and May 31, 2011 pursuant to Article 31 (2) of the Framework Act on National Taxes.

However, the original taxpayer failed to implement the details of the letter of guarantee submitted by KimA of the delinquent taxpayer, and the head of the tax office under his jurisdiction notified the original taxpayer on April 30, 201 and June 23, 2011 as the respective payment deadline, but he did not pay the same, and thus, the delinquent KimA was designated as the secondary taxpayer for the tax guarantor pursuant to Article 12 (Notice of Notice to Second Taxpayer) of the National Tax Collection Act and notified the taxpayer on July 26, 2011 at the same time by the payment deadline for the increased amount of KRW 00,00 including the increased amount of surcharge until now. (The letter of guarantee of evidence 2-1, letter of designation of the secondary taxpayer by the second tax guarantor, evidence 2-2 of evidence 2-2, and details of arrears of evidence 2-2 of the delinquent taxpayer)

The details of arrears (unit: source) as of February 20, 2012 by KimA on February 20, 2012

Jurisdiction Form

Items of Taxation

Reversion

Management Number

Deadline for payment

Amount in arrears

Gangnam

Value-added Tax

2010 1

201104-5-41-15759

April 30, 2011

347,152,820

Gangnam

Value-added Tax

20102

201106-7-41-02146

June 23, 2011

483,265,600

B. Establishment of preserved claims

After May 17, 2011, which was the fraudulent act date of this case, or after December 28, 2010, the delinquent KimA had already submitted a letter of guarantee to guarantee that the original taxpayer will pay taxes at his/her own responsibility if the original taxpayer does not pay taxes in full, and the original taxpayer notified the original taxpayer on April 30, 201 and June 23, 201 as stated in the letter of guarantee as well as on June 26, 201, but did not pay taxes, and the Plaintiff designated the delinquent taxpayer KimA as the secondary taxpayer on July 6, 2011.

In this situation, KimA, because the delinquent KimA, donated his own due real estate to his spouse, the establishment of the preserved claim can be the preserved claim in accordance with the following legal principles.

“The claim protected by the obligee’s right of revocation is, in principle, arising prior to the commission of an act that can be deemed a fraudulent act. However, there is high probability that at the time of a fraudulent act, the legal relationship, which serves as the basis of the establishment of the claim, has already occurred, and that, in the near future, the establishment of the claim is likely to be based on such legal relationship in the near future. In the event a claim is established in the near future, the claim may also become a preserved claim, and the legal relationship, which is the basis of the establishment of the claim, shall not be limited to the legal relationship between the parties, but shall be deemed to include the quasi-legal relationship, fact-finding, etc. with the probability of the establishment of the claim.”

Pursuant to the above legal principles, KimA submitted the letter of guarantee that can be seen as a quasi-legal relationship that is likely to establish a tax claim at the time of fraudulent act on December 28, 2010, to the competent tax office, but if the original taxpayer's failure to pay the value-added tax on April 30, 2011, and on February 23, 2011, notified the original taxpayer of the value-added tax on the estimated amount of value-added tax for the first time in 2010 on the letter of guarantee for the original taxpayer's failure to pay the tax office, and the tax office notified the original taxpayer of the value-added tax on June 23, 2011. In addition, the tax claim held by the Plaintiff on May 17, 2011, immediately before the original taxpayer and the second taxpayer are designated as the secondary tax office, may be the creditor's claim subject to revocation of the right to pay the tax office.

3. The establishment of a fraudulent act;

A. Factual relations

On December 28, 2010, the delinquent KimA submitted the letter of guarantee for the original taxpayer on December 28, 2010, but the original taxpayer failed to pay the value-added tax, which is the details of the guarantee, and thus the relevant tax office was designated as the secondary taxpayer on July 6, 201, immediately before the secondary taxpayer was designated as the secondary taxpayer, and the spouse donated the attached list real estate to BB on May 17, 201.

(b) Fraudulent act;

The delinquent KimA is a tax guarantor following the extension of the payment period of the original taxpayer, but it could be sufficiently anticipated that the secondary taxpayer's liability for tax payment will arise. 1) In the Dong-dong of Incheon Metropolitan City, Yisan 1232, 232) Incheon Metropolitan City, Dong-dong, Dong-dong, Incheon Metropolitan City, xari 272, 5) Incheon Metropolitan City, Dong-dong, Dong-dong, xari 1103-11, 6) Incheon Metropolitan City, OOri 470-5, 7) Dong-dong, Dong-dong, Incheon Metropolitan City (hereinafter referred to as "the gift property of this case") donated to this B on May 17, 2011.

This is because, although KimA, who is the representative of the original taxpayer and the tax guarantor, was in a position to fully know the original taxpayer's financial status and the intent to pay national taxes in the future, it caused acts contrary to the duty of the representative and the tax guarantor as well as the good faith principle, which eventually led to a situation in which the plaintiff is unable to satisfy the tax claims (a certified copy of the donated real estate register in attached Form 3).

4. Reduction of responsible property;

The delinquent KimA donated the attached list 7 parcels to the defendant, resulting in a decrease in the total amount of 00 won of the officially assessed individual land price standard, and the details are as follows.

1) The Dong-dong, Incheon Metropolitan City, 000 won x. 123-0, 2) the Dong-dong, Incheon Metropolitan City, x. x. 00 won x. 00 won x. 230,000 won x. 4) the Dong-dong, Incheon Metropolitan City, x. x. x. 470-5, 000 won x. 470-5, 7) the Oriri-ri-ri x. Do, Incheon Metropolitan City, Yari-ri x. Do, Ma-dong, Incheon Metropolitan City, Yari-ri x. x. 213, Mari-ri, AAri-ri x. 400 won x. 4,000 won x. Mari-si, Incheon Metropolitan City (a certificate of individual land price).

5. Excess of debts.

In the tax office under the jurisdiction, there is a apartment house of 145-8 11 Dong 603 "KK-dong, Seoul Special Metropolitan City, which is a data to verify the details of the delinquent's property, through the "data Statement on the Status of Property of Delinquent Taxpayers and Other Data," but the value of the apartment house of 145-8 11 Dong 603 at the time of fraudulent act, which is 00 won (the standard market price of April 29, 201). The collateral collateral collateral debt (the collateral collateral bank of the mortgagee) established on the real estate is much less than 00 won, so it has already been in excess of the debt, and it further aggravated the ability of the debtor's repayment by donating the real estate in the attached list under the status of 00 won of the tax liability amount of the plaintiff who corresponds to other small property (the data on the status of the delinquent taxpayer's property, such as evidence evidence No. 5, and evidence No. 166).

6. The intention of an injury.

In light of the fact that, as the representative of the original taxpayer and the tax guarantor of the original taxpayer, the letter of guarantee for the tax liability of the original taxpayer is submitted to the competent tax secretary on December 28, 2010, and even before designating the secondary tax liability as the tax guarantor due to the original taxpayer’s non-performance of payment, the delinquent KimA submitted the letter of guarantee for the tax liability of the original taxpayer on December 28, 2010, he was sufficiently aware that, in light of the fact that even before designating the secondary tax liability as the tax guarantor due to the original taxpayer’s non-performance of payment, he/she was donated to his/her spouse on May 17, 201, becoming insolvent

7. Bad faith of the defendant

As above, the defendant's bad faith will will be presumed if it is recognized as a delinquent KimA's intention. In addition, the defendant was the spouse living together with the delinquent KimA and was in a position to fully know the existence of any other property than the gift in this case, and thus, he was sufficiently aware of the fact that the gift in this case was a fraudulent act and the intention of the delinquent KimA's will to understand the delinquent KimA.

On the other hand, in the process of examining the details of the property around August 201, which is the following month from the date of issuing a peremptory notice to KimA against the second taxpayer, the head of the competent tax office knew that the instant donated real estate constitutes a fraudulent act (a certificate of marital relationship No. 1).

8. Conclusion

In fact, the act of donation between the delinquent debtor KimA and the defendant is a fraudulent act committed in a situation in which it is expected that the delinquent taxpayer will be designated as the secondary taxpayer in the future by the tax office under his jurisdiction and that such act may be sufficiently harmed for the plaintiff, and the defendant also has the status to fully know such fact as his spouse. Thus, the defendant is entitled to file a lawsuit seeking the cancellation of ownership transfer registration, which is completed in order to cancel the donation contract and recover the separated property by the method of restitution, such as the purport of the claim.

1. Land:

Reinforcement-gun, Incheon Metropolitan City, Qisan 123

Land category: 2975m2

2. Land:

Reinforcement-gun, Incheon Metropolitan City, Qisan 142

Land category: Forest and land area: 6149m2

3. Land;

Reinforcement-gun, Incheon Metropolitan City, Qisan 230

Land category: 5653m2

4. Land;

Reinforcement-gun, Incheon Metropolitan City, Qisan 272

Land category: Forest and land area: 2281 square meters;

5. Land;

The OOri 1103-11 of the Dong-dong of the Incheon Metropolitan City Strengthening Gun;

Land category: Field, area: 1926m2.1m2

6. Land; and

COri-ri 470-5 of the Incheon Metropolitan City Strengthening Dong-dong, Incheon Metropolitan City

Land category: 162m2

7. Land; and

The AAArisan 213, Dong-dong, Incheon Metropolitan City;

Land category: Forest and land area: 3967m2