the act of donation of real estate and resulting in excess of obligations shall constitute a fraudulent act.

A contract of gift was in excess of a debt at the time of entering into a contract of gift and constitutes a fraudulent act as a result of reducing the creditor's joint collateral. The registration of creation of collateral security was completed at the time of entering into a contract of gift and, if cancelled after entering into a contract, can seek revocation of a fraudulent act and compensation for the value thereof within the balance remaining after deducting the secured debt amount

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

2018 Ghana 117777 Revocation of Fraudulent Act

Korea

The AA

2019.03.19

2019.04.04

1. (a) The gift agreement concluded on September 27, 2016 with respect to real estate listed in the separate sheet between the Defendant and the 0B shall be revoked within the limit of KRW 141,00,000.

B. The defendant shall pay to the plaintiff 141,00,000 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

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

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. B. As of September 27, 2016, the 187,109,110 won (the “instant tax claim” as the value-added tax and global income tax) was delinquent, and the amount in arrears is KRW 207,038,370 when based on May 11, 2018.

B. The mother of 0B died on March 30, 2016, and on September 28, 2016, the registration of ownership transfer in the name of 0B was completed due to inheritance with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. WhiteB entered into a contract of donation on September 27, 2016 with the Defendant, a spouse, on the instant real estate (hereinafter referred to as “instant donation contract”) and completed the registration of ownership transfer with respect to the instant real estate in the name of the Defendant on the following day. At the time of entering into the instant donation contract, the market price of the instant real estate is KRW 213,00,000,000.

D. On November 29, 2002, the establishment registration of a neighboring mortgage (hereinafter “registration of the creation of a neighboring mortgage”) was completed on the instant real estate by November 29, 2002, the maximum debt amount of KRW 97,500,00,000, and the debtorCC and the Government Secretariat of the non-party to the right to collateral security (hereinafter “registration of the establishment of a neighboring mortgage”). However, the establishment registration of a neighboring mortgage was revoked on the ground of termination on December 7, 2016. At the time of the conclusion of the instant gift agreement, the secured debt amount of the instant neighboring mortgage registration was KRW 72,00,000.

E. As to the instant real estate, the registration of creation of a mortgage was completed on December 2, 2016, with the maximum debt amount of KRW 104,000,000, and the debtor, the defendant, and the mortgagee of the right to collateral security.

F. WhiteB is in excess of obligations as of the time of the instant gift contract and the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. Establishment of preserved claims and fraudulent acts

According to the above facts of recognition, the instant taxation claim against the Plaintiff 0B becomes the preserved claim for the obligee’s right of revocation, and the 0B was in excess of the obligation at the time of the conclusion of the instant gift contract. As such, the instant gift contract constitutes a fraudulent act as a means of reducing the obligee’s joint security, such as the Plaintiff, etc., and the Defendant’s bad faith, a beneficiary, was presumed also presumed. Accordingly, in order to preserve the instant taxation claim, the Plaintiff may seek the revocation of the instant gift contract and its restitution against the Defendant.

(b) Methods and scope of reinstatement;

1) In the event that the registration of creation of a mortgage was cancelled after the fraudulent act was committed with respect to real estate on which the right to collateral security was established, the revocation of the fraudulent act and ordering the restoration of the real estate itself would be unfair because it would restore to the portion which was not originally known as the joint collateral of the general creditors. In such a case, the fraudulent act may be cancelled and the compensation for damages may be ordered within the extent of the balance remaining after deducting the amount of the claim secured by the right to collateral security from the value of the real estate (see, e.g., Supreme Court Decision 2005Da65197, Jul.

In light of the above legal principles, the establishment registration of the instant real estate was completed at the time of the conclusion of the instant donation contract. However, the fact that the establishment registration of the instant real estate was cancelled after the conclusion of the instant donation contract is as seen earlier, as seen earlier, the Plaintiff may seek revocation of and compensation for the value of the instant real estate within the scope of the balance obtained by deducting the secured debt amount of the instant real estate from the value of the instant real estate.

2) The facts as seen earlier are the market price of KRW 213,00,000 as of the date of the conclusion of the instant gift contract. Since the value as of the date of the closing of argument at issue is ratified to be at least KRW 213,00,000,000, the value as of the date of the closing of argument at issue, the Defendant is liable to compensate the Plaintiff for the damages amounting to KRW 141,00,000, which is the balance obtained by deducting KRW 72,000,000, which is the secured amount of the instant collateral obligation of the registration of creation of the instant neighboring mortgage, from KRW 213,000,000, which is the lesser of KRW 207,038,370, which is the secured amount of the instant claim as of the instant taxation claim.

C. Sub-decision

Therefore, the instant donation contract between the Defendant and 0B shall be revoked within the limit of KRW 141,00,000,000, and the Defendant is obliged to pay the Plaintiff the amount of KRW 141,000,000 with compensation for the value arising from the revocation of the fraudulent act and the damages for delay calculated at the rate of 5% per annum from the day following the date this judgment becomes final and conclusive to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.