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(영문) 대구지방법원포항지원 2014.07.01 2014가단300111
사해행위취소
Text

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

A. On February 28, 2013, concluded between Nonparty D and Defendant A.

Reasons

1. Basic facts

A. 1) The director of the tax office under the Plaintiff-affiliated Tax Office’s C (hereinafter “E”) on February 25, 2013

(2) On April 3, 2011, E issued a tax payment notice of KRW 977,580,104 of corporate tax for the business year 201 (the due date for payment, May 31, 2013) to E. However, E did not pay the above amount of tax even after the due date for payment expires. (2) The head of the tax office having jurisdiction over E’s representative director and D, the oligopolistic shareholder under Article 39 of the Framework Act on National Taxes, designated E as the secondary taxpayer, and issued a tax payment notice of KRW 342,348,540 of the shares ratio of D out of the amount in arrears, and D received the said payment notice on July 22, 2013.

3) However, D did not pay the above corporate tax, and the amount of delinquent taxes, including additional dues, around the closing date of the instant argument, is KRW 366,279,660. B. Real estate disposal D is a real estate listed in the separate sheet on February 28, 2013 (hereinafter “instant real estate”).

A) A sales contract with Defendant A entered into with Defendant A and completed the registration of ownership transfer as described in Section 1-B(b) of the Disposition, and on February 27, 2013, 2 real estate listed in the separate sheet (hereinafter “instant 2 real estate”).

(2) Defendant B entered into a sales contract with Defendant B and completed the registration of ownership transfer as described in Section 2 of the Disposition, and on February 27, 2013, each of the 3 and 4 real estate listed in the separate sheet (hereinafter “instant 3 and 4 real estate”).

(A) The Defendant C entered into a sales contract with Defendant C, and completed the registration of ownership transfer as described in Section 3 of the Disposition. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 6 (which has a serial number) and the purport of the whole pleadings.

2. Judgment on the claim for revocation of fraudulent act (the claim against the defendant A and the main claim against the defendant B and C)

(a) the existence of a preserved claim 1 in determining the cause of the claim;

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