donation and sale of real estate in excess of debt constitutes a fraudulent act.

The act of donation and sale of real estate in excess of debt is a fraudulent act in relation to the creditor, and it is presumed that the debtor's intention and the beneficiary's bad faith is presumed.

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

2014 Gohap102378 ( October 31, 2018)

Korea

○ ○

on September 19, 2018

October 31, 2018

1. Between the Defendant and ○○;

A. Revocation of a gift contract concluded on February 20, 2014 with respect to real estate stated in attached Form 1;

B. Sales reservation concluded on June 19, 2014 and conclusion on September 8, 2016 with respect to real estate listed in Attached Form 2

Each contract shall be revoked.

2. The defendant's transfer to ○○.

A. On the real estate stated in attached Form 1, ○○ District Court ○○○ registry office ○○ (hereinafter referred to as “○○ District Court”) implements the procedure for registration of cancellation of ownership transfer registration completed on February 28, 2014 as the receipt

B. On June 24, 2014, ○○ District Court’s ○○○ registry office, as to the real estate indicated in attached Table 2, each procedure for cancellation of ownership transfer registration, which was completed on September 20, 2016 by the same registry office, based on the provisional registration and completed on September 20, 2016 on September 20, 2016, based on the provisional registration.

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

Cheong-gu Office

The plaintiff did not separately indicate 1/2 of the real estate transferred by fraudulent act while submitting the attached Form. In light of the cause of the claim and the description of the certificate of real estate registration, the plaintiff did not indicate the reason of the claim.

Since it seems to be a net error, it is intended to seek cancellation only for one half of each real estate listed in Attachment 1 and 2.

1. Facts of recognition;

A. Since from around 1976 and around 1978, the Defendant and Lee ○○ indicated 1/2 shares of each of the real estate listed in [Attachment 1 and 2] from around 1978 (hereinafter “attached Form 1/2”), the real estate owned by Lee○○ was jointly owned by attached Table 1 and 2, and is a siblings relationship.

B. The Plaintiff has a taxation claim of KRW 345,644,710 ( September 30, 2013 on the date of establishing the tax liability), gift tax of KRW 187,276,730 ( December 31, 2010 on the date of establishing the tax liability) against Lee ○○.

C. On February 20, 2014, after the occurrence of a tax claim, ○○ donated the real estate listed in the Attachment No. 1 to the Defendant (hereinafter “instant gift contract”). On September 8, 2016, the real estate listed in the Attachment No. 2 was purchased and sold pursuant to a pre-sale and sales contract to the Defendant (hereinafter “instant purchase and sale contract”). At the same time, ○○ was in excess of the obligation.

D. On March 23, 2018, the Plaintiff became aware of the instant reservation and sales contract.

[Grounds for recognition] Gap 1 to 9 each entry (including additional number), the whole pleadings

Purport

2. Determination on the cause of the claim

(a) Money which the debtor donates or sells real estate in excess of his/her debts, and is easy to consume;

An act of changing to another person constitutes a fraudulent act, except in extenuating circumstances, and the debtor's intent to kill;

and the beneficiary who purchased real property must be presumed to have not been in bad faith (Supreme Court).

See Supreme Court Decision 2000Da41875 delivered on April 24, 2001, etc.

B. Since this “○○” donated or sold each real estate listed in the separate sheet to the Defendant in excess of debt, the gift contract of this case, the reservation of the sale and purchase contract of this case, and the purchase and sale contract of this case are deemed to be fraudulent acts in relation to the Plaintiff, and the intention of ○○○, the debtor,

C. Therefore, the instant donation contract, the instant promise to sell and purchase, and the instant sales contract are revoked, and the Defendant’s return of originals constitutes a fraudulent act. As a result, the Defendant’s registration procedure for cancellation of ownership transfer registration completed by ○○○ District Court ○○○○ registry ○632, Feb. 28, 2014 with respect to the real estate indicated in attached Table 1, and the registration procedure for cancellation of ownership transfer registration completed by ○○○ District ○○ registry ○75, Jun. 24, 2014 with respect to the real estate listed in attached Table 2, and each registration procedure for cancellation of ownership transfer registration completed by 20274, Sept. 20, 2016, based on the provisional registration, for preserving the right

have an obligation to take place.

3. Conclusion

The plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.