[Civil & Real Estate] Successful Appeal in Fraudulent Transfer Lawsuit
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최고관리자 작성일26-09-17본문
Case Type: Civil
Result: Complete Victory on Appeal (Plaintiff’s Claims Dismissed)
Case Detail:
Suhn Law Group’s Civil Litigation Team, led by Attorney OH Seung-jun, represented a client who had acquired a property in a provincial area through a legitimate real estate transaction but was subsequently sued by the Republic of Korea in a fraudulent transfer lawsuit arising from the seller’s unpaid national taxes. The plaintiff alleged that the seller’s disposal of the property had made compulsory enforcement of its tax claims difficult and that the client had purchased the property despite being aware of these circumstances. The client had already received an unfavorable judgment at the first-instance trial.
On appeal, Suhn Law Group conducted a comprehensive review of the case, focusing not merely on the fact that the property had been sold, but on the specific circumstances surrounding the transaction and whether the client had actual knowledge of the seller’s circumstances at the time of purchase. After carefully reviewing the existing litigation records and evidence, the firm demonstrated that there was insufficient basis to conclude that the client knew of the seller’s national tax delinquency or that the transaction would prejudice the creditors. The firm also established that the actual payment of the purchase price and the circumstances of the transaction were consistent with those of a bona fide real estate sale.
Through multiple written submissions, Suhn Law Group further explained factual circumstances and the significance of evidence that had not been sufficiently considered at the first instance, while systematically rebutting the plaintiff’s arguments.
The appellate court accepted Suhn Law Group’s arguments, revoked the first-instance judgment, and dismissed all claims brought by the Republic of Korea. The court also dismissed the plaintiff’s incidental appeal. As a result, the client overturned the unfavorable first-instance judgment and achieved a complete victory on appeal.
Suhn Law Group’s Civil Litigation Team successfully protected the client’s rights by precisely reconstructing the factual circumstances surrounding the transaction and actively disputing whether the purchaser had knowledge of circumstances that could constitute grounds for revocation of the transaction.
Case Inquiry: Attorney OH Seung-jun