beta
Text
1. The contract of donation of KRW 8 million concluded on June 30, 2014 between the Defendant and B shall be revoked.
2. The defendant shall pay eight million won to the plaintiff.
Reasons
1. “Fraud act” as stipulated in Article 406 of the Civil Act means an act detrimental to a creditor by causing the debtor to go beyond his/her obligation by actively reducing his/her property or increasing his/her small property, or by deepening the status of excess of his/her obligation.
Therefore, in order to constitute a fraudulent act, the debtor's act of disposing of property should be caused or deepened by the reduction of the debtor's whole property and the lack of joint collateral for claims. Thus, in cases where the joint collateral of the existing creditors cannot be considered to have been reduced before and after the debtor's act of disposing of property, in other cases, when there is no particular change in debtor's property, the act of disposing
Furthermore, even if a debtor's act of borrowing funds and repayment of loans therefor did not take place in a short period and made the repayment in sequence within a short period, barring special circumstances, it shall not be deemed that there was an increase or decrease in the existing creditors' joint security through a series of acts before and after the series of acts, barring special circumstances, such as in collusion with some creditors and thus, it does not constitute a fraudulent act.
2. In fact, from May 6, 2013 to July 10, 2013, the Busan Regional Tax Office, under the Plaintiff’s control of the Plaintiff, conducted an integrated investigation into the Defendant (former: C)’s husband B, and notified the Plaintiff of the imposition of global income tax for the year 2009 to 2011 (the instant disposition) on August 10, 2013 (or August 20, 2013).
[A] From July 15, 2013 to July 17, 2013, B deposited KRW 318 million in a financial institution as KRW 318,00,000 from July 15, 2013 to KRW 318,00,000 in a face of KRW 310,000 in a face of KRW 1,00.
[A 4-1] Re-investigation according to the objection filed on September 20, 2013 by B.