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(영문) 창원지방법원마산지원 2016.06.22 2015가단104285
사해행위취소
Text

1. A donation contract concluded on August 19, 2015 between the Defendant and Nonparty B regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. From May 15, 2006 to August 31, 2015, Nonparty B engaged in the mechanical processing business with the trade name “D” in Changwon-si, Changwon-si C.

(2) B: (1) As of September 1, 2015, the tax liability of KRW 164,49,49, aggregate of the global income tax of KRW 157,860,05, and surcharges thereon, etc. for the year 2011, December 31, 2011; (2) global income tax of KRW 180,696,120, and its additional charges, etc. for KRW 188,285,35,350; (3) The total amount of tax liability of KRW 206,30,50,50, and the amount of additional charges, etc. for the year 2013, the aggregate of KRW 203,428,712, and additional charges, etc. for the year 201, the tax liability of KRW 205,50,613, the amount of additional charges, etc. for the year 205, and KRW 201,481,5,2014.

C. B purchased on October 21, 2014 the real estate indicated in paragraph (1) of the order (hereinafter “instant real estate”) in KRW 280,00,000, and completed the registration of ownership transfer on December 9, 2014. On the same day, B completed the registration of ownership transfer on December 9, 2014 under the name of Nonparty Nonghyup Bank Co., Ltd. (the maximum debt amount of KRW 213,60,000.

B on August 19, 2015, the Defendant, the wife, donated the instant real estate (hereinafter “instant gift agreement”) to the Defendant, and on the same day, the registration of ownership transfer as indicated in Paragraph 2 of the Disposition (hereinafter “instant ownership transfer”) was completed regarding the instant real estate in the name of the Defendant.

E. As at August 19, 2015, NongHyup Bank Co., Ltd., Ltd. as at the same time.

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