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(영문) 전주지방법원 2016.08.19 2014가합6892
사해행위취소
Text

1. The contract of donation concluded on August 16, 2013 between the Defendant and B regarding KRW 150,196,600 shall be revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. On August 9, 2013, B entered into a sales contract with C and 521 square meters (hereinafter “instant site”) on the sales price of KRW 490 million (hereinafter “instant sales contract”).

B. B requested C to deposit the sales price into the superior credit union account in the Defendant’s name (hereinafter “instant account”), and accordingly, received KRW 471,400,000 out of the sales price (hereinafter “instant payment”) on August 16, 2013 as the instant account.

C. On December 10, 2013, the director of the tax office of North Korea under the Plaintiff-affiliated District Tax Office notified that B pay capital gains tax of KRW 126,048,260 imposed on the instant sales contract, but B did not pay it. The capital gains tax that B is delinquent by October 17, 2014, which is the date of the instant lawsuit, is the total of KRW 856,442,200 as indicated below.

(2) On December 31, 2001, December 31, 2002;

D. B on August 16, 2013, at the time the instant payment was transferred to the account of this case, as a bad credit holder at the time of transfer, and was in a state of absence of any property.

E. Meanwhile, B paid to the Plaintiff KRW 50 million on November 4, 2015, and KRW 30 million on February 2, 2016, respectively.

【Ground for recognition” has no dispute;

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