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(영문) 대법원 2017. 11. 09. 선고 2017다254785 판결

(심리불속행) 강제집행면탈과 사해행위의 ‘채권이 발생할 고도의 개연성’는 그 의미가 달라 동일하게 볼 수 없음[국승]

Case Number of the immediately preceding lawsuit

Suwon District Court-2016-B-76367 (Law No. 2017.20)

Title

The meaning of "high probability that compulsory execution and fraudulent act will occur" can not be the same.

Summary

(2) The Criminal Procedure Act refers to the act of evading compulsory execution, provisional seizure, and provisional disposition under the Civil Execution Act, and its meaning differs from that of a fraudulent act under the Civil Act. Thus, the crime of evading compulsory execution cannot be seen as identical to the "high probability that a claim for a fraudulent act may occur objectively" in the crime of evading compulsory execution.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Cases

2017Da254785 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

Freeboard and one other

Judgment of the lower court

Suwon District Court Decision 2016Na76367 Decided July 20, 2017

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.