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Title
the sole real estate in excess of the obligation constitutes a fraudulent act if it was sold to the defendant.
Summary
Unless there are special circumstances, transfer of ownership due to sale of the only real estate in excess of debt constitutes fraudulent act in relation to general creditors, including tax creditors, and is presumed to be bad faith with the debtor and beneficiary, so it should be revoked as a fraudulent act.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2013 Ghana 207596 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
JAA
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
August 20, 2013
Text
1. As to real estate listed in the separate sheet:
(a) cancel the sales contract concluded on September 21, 201 between the Defendant and JB; and
B. On September 22, 2011, the Defendant shall implement the procedure for registration of cancellation of ownership transfer registration, which was completed under No. 141429, which was received on September 22, 2011, to JB.
2. The costs of the lawsuit are assessed against 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 (Article 208 (3) 1 of the Civil Procedure Act);