(심리불속행) 채무 초과상태에서 특별한 사정이 없는한 원고는 피고를 상대로 채권자취소권 행사 가능함[국승]
Suwon District Court-2012-B-4388 ( December 24, 2013)
(In the absence of special circumstances in the state of excess of the obligation, the Plaintiff may exercise the right of revocation against the Defendant.
(C) Each contract of this case constitutes a fraudulent act detrimental to the plaintiff, who is the creditor, and the defendant's bad faith is presumed, and barring special circumstances, the plaintiff may exercise the right of revocation against the defendant, who is the beneficiary, and seek restitution to its original state.
Article 30 of the National Tax Collection Act
2013Da209947 Revocation of Fraudulent Act
Korea
United Kingdom A
Suwon District Court Decision 2012Na43888 Decided July 24, 2013
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by