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(영문) 인천지방법원 2018. 09. 05. 선고 2017나68687 판결
사해행위취소[국승]
Case Number of the immediately preceding lawsuit

Sub-Support-2017-Ban-104646 ( November 16, 2017)

Title

Revocation of Fraudulent Act

Summary

(See the judgment of the court below) The donation contract of this case constitutes a fraudulent act and is presumed to be a bad faith of the delinquent taxpayer and the defendant who is a beneficiary.

Related statutes

Article 41 of the National Tax Collection Act

Cases

2017Na68687

Plaintiff and appellant

Korea

Defendant, Appellant

O*

Judgment of the first instance court

November 16, 2017

Conclusion of Pleadings

June 27, 2018

Imposition of Judgment

September 5, 2018

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim

The contract of donation concluded on February 3, 2016 with respect to the 108 square meters prior to ○○○○○○○-○○, ○○○○, ○○○, ○○○, ○○, ○○, on the basis of the Defendant and the Defendant* (the Defendant) will implement the procedure for the registration of cancellation of ownership transfer completed on February 23, 2016 by the Incheon District Court’s father-Support Kimpo Office, 11056 regarding the said real estate.

Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main text of Article 420 of the Civil Procedure

Therefore, the judgment of the first instance court is just and the defendant's appeal is without merit, and it is dismissed and it is so decided as per Disposition.

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