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(영문) 인천지방법원 2015.04.10 2014가단224478
사해행위취소
Text

1. The Defendant and Nonparty B’s contract of gift amounting to KRW 100,000,000 entered into on April 5, 2013 and April 16, 2013 shall be revoked.

2...

Reasons

1. Determination as to the cause of claim

A. On January 5, 2006, B: (a) On January 9, 2006, the non-listed shares of the non-listed shares of the non-listed shares of the non-listed shares of the non-listed shares 34,000 won are transferred; (b) on January 9, 2006, the director of the tax office having jurisdiction over the transfer income tax reported that the transfer value and the acquisition value of the non-listed shares of the non-listed shares of the non-listed shares were KRW 170,000,000; and (c) from March 21, 2013 to April 9, 2013, the director of the tax office having jurisdiction over the transfer income tax reported that there is no transfer margin; and (d) on June 10, 2013, the said non-listed shares transfer value was determined as KRW 1,020,000,0000 and notified on April 10, 2013 as the payment deadline (hereinafter “instant”).

3) On March 22, 2013, in the period of the foregoing transfer income tax investigation, B “D” golf membership (including membership number: E, F, and hereinafter “instant golf membership”) which is the only property under the name of the person who was given payment in substitutes while transferring the above unlisted shares on March 22, 2013.

(4) On March 5, 2013, G Co., Ltd. purchased the instant golf membership through the new leisure industry, a golf membership exchange, paid KRW 120,000,000 as the sales price of golf membership to new leisure industry. The new leisure industry, a stock company, after deducting fees, transferred KRW 10,000 as the down payment on April 5, 2013, and KRW 90,000 as the remainder on April 16, 2013, to an account in the name of the Defendant, a spouse, who was requested by B.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 6 (including partial numbers) and the purport of the whole pleadings

B. According to the facts found in the judgment on the revocation of the fraudulent act and the claim for restitution of the original status, B shall sell the instant golf membership to a third party and have the Defendant, who is the spouse, paid the purchase price, and thereby, donate KRW 100,000 to the Defendant.

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