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1. A sales contract concluded on August 18, 2016 between the Defendant and B regarding each real estate listed in the separate sheet between the Defendant and B.
Reasons
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 8 and the purport of the entire pleadings.
가. B 주식회사(이하 ‘B’이라 한다)는 1998. 10. 10.경부터 2014. 6. 17.경까지 토목건축공사업 등을 영위하던 회사로서 원고에 대하여 2013년 귀속 법인세 및 2013년 제1기 귀속 부가가치세를 체납하고 있는바, 그 체납 내역은 다음과 같다
(unit: 6,524,624,635,810,810,810,000,000,000.01.05.01,066,637,580, 712,041, 240, 240,596, 340-2 value-added tax on 30,014.06.08, 2014.06,624,620,635,810, 2168, 810, 163, 162, 207,716, 397,050356,765,150
B. On August 18, 2016, B entered into a sales contract with the Defendant for each of the real estate listed in the separate sheet (hereinafter “instant sales contract”). On August 22, 2016, B completed each registration of ownership transfer with the Ulsan District Court No. 17466 regarding the real estate listed in the separate sheet No. 15746, Sept. 21, 2016 as to the real estate listed in the separate sheet No. 17468, Sept. 21, 2016.
C. B, at the time of the conclusion of the instant sales contract, did not have any specific property other than each real estate listed in the separate sheet, which is the total transaction value of KRW 140,000,000. However, even if only the principal tax is imposed on the Plaintiff, the small property was KRW 716,397,050, and was in excess of the obligation.
2. The conclusion of the instant sales contract with the Defendant regarding each of the real estate listed in the separate sheet, which can be deemed the only property in excess of the obligation of the Plaintiff, constitutes a fraudulent act, barring special circumstances, and as such, the instant sales contract shall be revoked as a fraudulent act; accordingly, the Defendant shall be obligated to implement the procedure for cancellation of each of the above transfer of ownership registration in B, as the restitution for the original status.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion B on February 4, 2010.