Since a fraudulent act constitutes a fraudulent act, there is a duty to implement the registration procedure for cancellation of ownership transfer registration.

The sales contract of this case shall be revoked as a fraudulent act detrimental to the plaintiff, who is a general creditor, and as a result, it is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case as to each real estate of this case.

2013 Gohap4967 Revocation of Fraudulent Act

Korea

Section AA

October 17, 2013

November 7, 2013

1. A. A. The sales contract concluded on December 15, 2011 between the Defendant and Nonparty B (OO-O-OOO-OO-OO-OO-O-O-O-O-O-O) is revoked.

B. The Defendant shall implement the procedure for cancelling the registration of cancellation of ownership transfer, which was completed by the receipt No. 53845 on December 22, 2011, with respect to each real estate listed in the separate sheet to Nonparty B by Nonparty B.

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. The director of the tax office affiliated with the Plaintiff notified the sub-B of the value-added tax to the sub-B operating the "CC metal" as follows:

Items of Taxation

Reversion Year

Date of establishment of tax liability

Deadline for payment

Notice Amount

Value-added Tax

209

December 31, 2009

January 30, 2012

OOOE

Value-added Tax

2010

June 30, 2010

February 6, 2012

OOOE

Value-added Tax

2010

December 31, 2010

February 6, 2012

OOOE

Total

OOOE

B. On December 22, 2011, when the so-called “B” did not pay taxes notified as above, the Daejeon District Court completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on the ground of the “sale on December 15, 2011,” each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that is the only real estate for the Defendant, who is a convict, on December 22, 201.

C. At the time of December 15, 201, which was the date when a sales contract was concluded based on the registration of transfer of ownership in this case

In addition to the above paragraph (a) of this Article, the Sub-B bears the obligation of the total amount of loans, etc. from the non-party DD cooperatives (i.e., the KRW OO + the KRW OOO). However, while the value of each real estate of this case, which is the sole property, was merely the KRW OO (=the KRW 1. POOO on the attached sheet + the KRW 2. on the attached sheet), the value of each real estate of this case was merely the KRW 1. on the attached sheet and was in excess of the obligation.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination

According to the above facts of recognition, the sales contract between BB and the defendant on December 15, 201 shall be revoked as a fraudulent act detrimental to the plaintiff who is a general creditor. Accordingly, the defendant shall be obligated to implement the procedure for cancellation of ownership transfer registration of each of the instant real estate to the smallB.

3. Conclusion

Thus, we decide to accept the plaintiff's claim.