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(영문) 수원지방법원 여주지원 2018.01.11 2017가단52950
사해행위취소
Text

1.(a)

On March 27, 2015, the share of 1/2 of the real estate listed in attached Table 1 between the defendant and B was concluded.

Reasons

1. Facts of recognition;

A. C Tax claims: (a) On January 13, 2015, the Defendant and the Defendant’s shapes B, and D, who is the Defendant, sold several parcels of land E, other than E, which they shared, to another person on January 13, 2015; and (b) on January 26, 2015, the Defendant, B, and D reported the tax base, etc. of capital gains tax due to the said selling act on the Leecheon Tax Office; (c) on May 19, 2015, the Plaintiff issued a disposition of imposition of capital gains tax of KRW 67,670,890, which was established as the trading act on January 13, 2015 (hereinafter “instant disposition of imposition of capital gains tax”). However, B did not file the instant lawsuit by the date of the instant disposition of imposition, including the amount of delinquent taxes, and the amount of delinquent local taxes, was KRW 87,90,890,00,00.

B. B’s disposal of real estate 1) B is a 1/2 share of the real estate indicated in the attached Table 1 (hereinafter “share of the instant real estate 1”) between the Defendant, who is the Dongin on March 27, 2015, and the Defendant.

Each of the 1/2 shares of each of the real estates listed in the list 2 and the list 2 (hereinafter “each share of each of the 2 real estates of this case”).

(2) On March 30, 2015, the Defendant entered into a gift contract with respect to each of the instant real estate shares under the title transfer registration number No. 14764 (hereinafter “the title transfer registration number of the instant real estate No. 1”) with respect to each of the instant real estate No. 2, and the title transfer registration of each of the instant real estate No. 2 (hereinafter “the title transfer registration number of the instant real estate No. 2”).

(C) B’s property status 1) At the time of the instant donation contract, the amount of KRW 24,316,250 equivalent to the instant KRW 171,758,90 in total and the shares of KRW 257,873,567 in the instant KRW 257,000 in total and the shares of KRW 1/3 of the instant KRW 257,873,567 in the land on the land on the other four parcels, including KRW 1,003 square meters in total, while the instant transfer income tax was a small property.

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