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(영문) 수원지방법원 2019.07.11 2018가단552857
사해행위취소
Text

1. The Plaintiff and B concluded on December 6, 2016 with respect to the share of 1/2 of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 23, 2011, B had registered its business with the trade name C, and has run a concrete cancer manufacturing business, etc.

B. During the investigation of corporate tax against D, the commissioner of Daegu Regional Tax Office: (a) determined B as a real business entity, E, F, etc., and selected B as a person subject to investigation of tax evasion; (b) made an individual consolidated investigation of income accrued from October 12, 2016 to 2015; and (c) notified the said business entity and C of the investigation of value-added tax for February to 2013; and (d) notified B of the results of the tax investigation and the estimated amount of tax notification that the income tax should be corrected by adding up the income tax after being verified as a nominal master business entity.

C. On January 3, 2017, as indicated in the table below (hereinafter “instant table”), the Minister of Land, Infrastructure and Transport issued a notice of decision by revising and notifying the global income tax and value-added tax to B, and the national tax notified to B by September 2018 (hereinafter “instant tax claim” and classified it into the instant tax claim 1 or the instant tax claim 2 as indicated in the remarks column as indicated in the table below.

B on November 15, 2013, the real estate listed in the separate sheet (hereinafter “instant real estate”) was acquired, and among which, 1/2 shares, “the primary donation was made on the same day as of May 4, 2015.”

for the reason that the defendant completed the registration of partial transfer of ownership, and on December 7, 2016, the remainder of 1/2 of the shares are the same month.

6. The second donation is hereinafter referred to as "the second donation");

For reasons, the registration of ownership transfer is completed in the defendant future.

E. B, at the time of the first donation, owns deposit claims of G Bank, etc. equivalent to KRW 47,601,073 as well as active property of the instant real estate, etc. while H Bank was liable for a loan obligation of KRW 279 million as to H Bank.

In addition, at the time of the second donation, G Bank and others.

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