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(영문) 의정부지방법원고양지원 2013.07.05 2012가합50049
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2.(a)

On October 16, 2007 between the defendant and the non-party B, it is the Sacheon Livestock Cooperative.

Reasons

1. Basic facts

A. On October 15, 2007, Non-party B entered into a sales contract to sell non-party B the amount of KRW 1.7 billion in Yongsan-gu E-si, Yongsan-gu, Ilyang-si to Non-party D for KRW 1.7 billion on August 14, 2007, and KRW 670 million in total from August 22, 2007, and KRW 500 million on August 22, 2007, converted the amount of KRW 1.7 billion in advance as part of the above sales price, and the remaining amount of KRW 1.3 billion in sales price ( KRW 1.7 billion - KRW 6.7 billion 2 billion) was paid on October 15, 2007 to Non-party D and received the registration of ownership transfer from the above land as part of the above sales price at the same time.

3) Since the head of the Pakistan Tax Office under the Plaintiff’s control did not make the final return of tax base pursuant to the above sales contract, he/she notified B of the payment of KRW 1,174,676,880 of the transfer income tax for the year 2007 to B by January 31, 201 after determining the tax base and tax amount of the transfer income pursuant to the above sales contract. However, as of November 29, 2011, B did not pay the said transfer income tax, the amount of the said transfer income tax amount as of November 29, 201, including the additional dues, exceeds KRW 1,224,013,30,00 including the amount of the said transfer income tax arrears as of November 29, 201. (b) The Defendant is the father’s mother of B, Nonparty F’s mother, and Nonparty B’s mother, and

2) On October 16, 2007, B deposited cashier’s checks issued from D in the account (Account Number: C; hereinafter “instant account”) with the Defendant’s name on October 16, 2007.

(hereinafter “instant payment”) C.

B’s debt excess condition B was active property around October 16, 2007, which was at the time of the payment of the instant case, with KRW 1.03 billion, while the payment of the instant case was in excess of the tax liability equivalent to KRW 1,174,676,880 against the Plaintiff as a small property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-5, Gap evidence 6-1, 2, Gap evidence 7, and Eul evidence 1.

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