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(영문) 대법원 2017. 01. 25. 선고 2016다258575 판결

채무초과 상태에서 유일재산을 양도한 행위를 사해행위로 취소할 수 있는지 여부[국승]

Case Number of the immediately preceding lawsuit

Gwangju High Court-2015-Na-13941 ( September 23, 2016)

Title

Whether the act of transferring the current property in excess of liability can be revoked by fraudulent act

Summary

The act of transferring the current property in excess of the debt can be cancelled by fraudulent act.

Related statutes

National Tax Collection Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the judgment of the court below and the grounds of appeal, the ground of appeal by appellant is examined.

Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act

It is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.