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(영문) 부산지방법원 2007. 05. 25. 선고 2006나16311호 판결
체납자가 유일한 소유재산인 부동산의 소유권을 넘겨 준 행위가 사해해위에 해당하는지 여부[국패]
Title

Whether the act of acquiring the ownership of the real estate owned by the defaulted taxpayer, which is the only property, constitutes a breach of trust.

Summary

Real estate is originally owned by the Defendant’s mother, and it does not constitute a fraudulent act detrimental to the obligee by the Defendant’s finding it again.

Related statutes

Article 30 of the National Tax Collection Act

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The sales contract concluded on August 16, 2004 with respect to the real estate recorded in the separate sheet between the defendant and ○○○○○ District Court on the real estate listed in the separate sheet shall be revoked, and the defendant shall implement the procedure for the cancellation registration of transfer of ownership, which was completed on September 17, 2004 by the recipient ○○○○○○ Registry on the real estate listed in the separate sheet.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

List of Real Estate

(Indication of one building)

○○○○○○○○○-dong ○○○○-dong ○○○ apartment ○○○○○○○ Dong

Multi-family housing of 15 floors of reinforced concrete structure sloping roof

The first floor of 698.48 square meters, the second floor of 698.48 square meters, the third floor of 698.48 square meters, the fourth floor of 698.48 square meters, and the fifth floor of 698.48 square meters;

6 698.48 square meters, 7 698.48 square meters, 8 698.48 square meters, 98.48 square meters, 698.48 square meters, 10 square meters, 698.48 square meters, and 698.48 square meters;

11 698.48 square meters for 698.48 square meters for 12 stories, 698.48 square meters for 13 stories, 698.48 square meters for 14 stories, 698.48 square meters for 15 stories and 698.48 square meters for 15 stories

(Indication of Land Subject to Site Right)

○○○○○○○○○○-dong ○○○○○○ 5,869 square meters

(Indication of Section of Exclusive Ownership)

○○○○○○ building reinforced concrete building 76.93С

(Indication of Site Right)

More than 2971/586900 - Not less than 2971/100

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