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(영문) 광주지방법원 2016. 02. 17. 선고 2015가단528869 판결
납세의무 성립일 이후 체결된 부동산에 대한 증여계약은 사해행위에 해당함.[국승]
Title

Contracts of gift for real estate concluded after the date on which tax liability becomes effective shall constitute fraudulent act.

Summary

It constitutes a fraudulent act by which a delinquent taxpayer donated real estate to his/her spouse after the liability to pay national taxes comes into existence.

Related statutes

Article 30 of the National Tax Collection Act

Cases

Gwangju District Court 2015Kadan528869 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ ○

Conclusion of Pleadings

February 17, 2016

Imposition of Judgment

February 17, 2016

Text

1. The donation date concluded on January 6, 2014 with respect to the real estate listed in the separate sheet between the defendant and AA;

(b) cancel the drug.

2. The Defendant: (a) on January 2014, 2014, the registry office of the Gwangju District Court with respect to the real estate listed in the attached list

7. He shall comply with the procedure for registration of cancellation of ownership transfer registration completed under Article 3304.

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

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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