Revocation of Fraudulent Act

Since the act of donation of real estate constitutes a fraudulent act committed while knowing that it would prejudice the creditor, and the defendant also knew the fact, the plaintiff must cancel the contract of donation as stated in the purport of the claim and cancel the registration of transfer of ownership and the registration of reinstatement.

Article 30 of the National Tax Collection Act Revocation

1. On November 24, 2005, the contract of donation between the defendant and Kim ○○ is revoked.

2. The defendant will implement the procedure to cancel the registration of cancellation of the ownership transfer registration, which was completed on November 29, 2005 by the receipt No. 52636 of the registration office of the ○○ District Court with respect to the real estate listed in the separate sheet to Kim○○.

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

1. Indication of claim;

The reasons for the attached Form shall be as specified in the attached Form.

Grounds for Claim

1. Formation of tax claims;

A. The tax claim amount against the non-party ○○○ by the director of the ○○ Tax Office affiliated with the plaintiff is as follows. In relation to the ○○○○○○ operated by the non-party ○○○○.

(1) On October 25, 2004, the notice of value-added tax amount of KRW 4,520,890 was not paid for the payment period.

② The Plaintiff did not pay value-added tax on September 30, 2005 on September 30, 2005 by notifying the Plaintiff of KRW 16,573,690.

③ On October 25, 2005, notice of KRW 10,617,480 was given, but did not pay the value-added tax amount.

(4) The interim prepayment of global income tax was notified of KRW 301,580 as the payment period on November 30, 2005, but is not paid.

The amount of the tax payable to the non-party Kim ○○ by the director of the tax office at the risk of KRW 32,022,640 as of the filing date of the claim.

3. Fraudulent act;

Nonparty 1, 2005, in the event that the value-added tax notified in relation to ○○○○○○ Green was in arrears, Nonparty 1 issued the registration of transfer of ownership on the ground of donation with ○○ District Court No. 52636, Nov. 29, 2005, to the Defendant, who is his mother, during the payment period of global income tax for interim prepayment for the year 2005.

4. The intention of an injury.

A. The intention of the non-party Kim ○-○

In the event that the value-added tax related to the business that he operated is in arrears, the non-party Kim ○ is deemed to have donated his only real estate to the defendant, who is a related party, at the time of the interim prepayment of global income tax, and the non-party Kim ○ was aware of the fact that the real estate of this case

B. Non-party Kim ○-○'s insolvent

Nonparty ○○ was in a bad condition since he had no other property at the time of donation of the instant real estate to the Defendant.

5. Bad faith of the defendant

The Defendant is the friendship of Nonparty ○○, and Nonparty ○○ did not have any other property except the instant real estate, so at the time the Defendant acquired the instant real estate as a result of the gift, it should be deemed that the instant gift was a fraudulent act and that Nonparty ○○ was aware of the intention of deception.

6. Conclusion;

In light of the above facts, the act of donation to the real estate in this case by Kim○-○ constitutes a fraudulent act committed while knowing that it would prejudice the creditor, and the defendant also knew the fact. Therefore, the plaintiff was entitled to the claim to cancel the donation contract and to seek the registration of transfer of ownership and the cancellation of registration for reinstatement as stated in the purport of the claim.

Indication of Real Estate

1 Indication of the building

○○○-si ○○○-dong 612 ○ apartment 202 Dong

Indication of Sectional Building

Number of building: 202-11-1101

Gu : A reinforced concrete structure

Myeon-type: 59.985 square meters

Indication of Site Ownership

Marking of land: ○○○-si ○○○-dong 612 Large 4,902 square meters

Type of Site Ownership: Ownership

The ratio of right to a site: 25.8735/4,902