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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On October 24, 2011, B sold real estate listed in the attached Table 1 (hereinafter “instant real estate”) to the Defendant for KRW 380,00,000, and KRW 10,000 out of the purchase price was paid on the date of the contract, and the remainder of KRW 370,000,000 was paid on October 27, 201 (hereinafter “instant sales contract”).
B On October 27, 2011, after completing the registration of transfer of ownership on the ground of sale as of October 27, 201 from C, the former owner of the instant real estate, and immediately completed the registration of transfer based on the instant sales contract to the Defendant on the same day.
In the meantime, on August 28, 2012, the head of the tax office determined the transfer income tax amount under the instant sales contract as KRW 73,362,950 (including additional tax), and imposed and collected the said transfer income tax on November 1, 2012 on B.
At the time of the instant sales contract, B was delinquent in national taxes of KRW 636,370,202 (excluding additional dues) such as global income tax.
【In the absence of dispute as to the ground for recognition, the entries in Gap evidence Nos. 1, 2, 6, and 10 (if there are serial numbers, including each number), and the plaintiff’s assertion as to the ground for claim as to the whole purport of the pleading, selling the real estate of this case to the defendant who is the creditor, and offsetting part of the proceeds from sale against the defendant’s existing obligation, constitutes a fraudulent act. Thus, the sales contract of this case between Eul and the defendant should be revoked, and the registration of transfer of ownership as stated in the purport of the claim, which is completed in
On August 27, 2012, the Plaintiff, at the latest, knew that the Plaintiff committed a fraudulent act by selling the instant real estate to the Defendant. Since the Plaintiff filed the instant lawsuit on August 28, 2013 at the latest one year thereafter, the instant lawsuit is unlawful, since it was filed on August 28, 2013.
Judgment
Article 406 (2) of the Civil Code shall apply to the right of revocation.