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(영문) 대구지방법원경주지원 2016.12.15 2015가단11222
사해행위취소
Text

1. As to the field B 2,869 square meters in racing-si:

A. The contract of donation concluded on December 24, 2014 between the Defendant and C shall be revoked.

Reasons

1. Determination C was notified that the Plaintiff would pay capital gains tax of 107,209,670 won by December 1, 2014 on April 4, 201, because it did not file a transfer income tax after transferring 195 square meters for D, Young-si, Young-si, and 588 square meters for E, on which April 4, 2011 had been transferred. The amount of arrears of C around April 27, 2015, which was the time when the lawsuit was instituted in the instant case, was 112,98,980 won by adding the principal tax and additional tax, and C did not have any specific dispute between the Defendant and the Defendant on the title transfer registration of real estate (hereinafter referred to as “instant real estate”), including Daegu District Court 2,869 square meters for SimF and its ground building and each of the parties to the instant case, including Daegu District Court 207,71 through 74, 2014.

According to the above facts of recognition, C’s reduction of liability property for the general creditors is a fraudulent act detrimental to the creditors by concluding a donation contract with the Defendant under the condition that C bears the obligation of capital gains tax and disposing of its own only real estate including the instant real estate (the standard market price on October 14, 2016 is KRW 166,402,00), and in this case, the Defendant’s bad faith, the beneficiary, is presumed.

Therefore, as the Plaintiff seeks within the scope of the amount of preserved claim, the gift agreement entered into between C and the Defendant with respect to the instant real estate shall be revoked by fraudulent act, and the Defendant shall implement C with respect to the registration procedure for cancellation of ownership transfer registration of the instant real estate.

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the cost of lawsuit shall be borne by the plaintiff and the defendant according to Articles 99 and 100 of the Civil Procedure Act in light of the progress of the lawsuit in this case, etc.

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