logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2017. 03. 28. 선고 2016가단57982 판결
납세의무 성립일 이후 체결된 상속 재산 분할 협의에 따른 상속포기는 사해행위에 해당함.[국승]
Title

The renunciation of inheritance following the consultation on the division of inherited property concluded after the date of establishment of tax liability shall constitute fraudulent act.

Summary

The act of a delinquent taxpayer to waive inheritance by preparing a written agreement on division of inherited property after the establishment of national tax liability constitutes a fraudulent act.

Related statutes

Article 30 of the National Tax Collection Act

Cases

Jeonju District Court 2016Kadan57982 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ ○

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

March 28, 2017

Text

1. 2/9 of each real estate listed in the separate sheet 1 between the defendant and the non-party AA (**************)

On September 2, 2013, the agreement on division of inherited property concluded on September 2, 2013 has been revoked, and the defendant is the

Non-Party AA (******************) 2/9 of each real estate listed in the separate sheet 1*

For the revocation of fraudulent act, the registration procedure for ownership transfer will be implemented.

2. As to 2/9 of the real estate listed in the separate sheet 2 attached hereto between the defendant and the non-party AA

The Agreement on Division of Inherited Property concluded on September 2, 2013 has been revoked within the limit of KRW 7,055,550, and

The defendant shall pay to the plaintiff KRW 7,055,550 and its payment from the day after the day when the judgment of this case became final and conclusive.

By the day, 5% interest per annum shall be paid.

3. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

annex 'The reasons for the claim'; as the description.

2. Applicable provisions;

Article 208(3)1 of the Civil Procedure Act (a judgment without a pleading)

arrow