이 사건 매매거래 사실을 관할세무서에 신고하였으므로 그 무렵 원고는 이 사건 매매계약이 사해행위에 해당함을 알았는지 여부.[국승]
Changwon District Court-2015-B-30958 ( August 11, 2015)
Since the fact of the instant transaction was reported to the competent tax office at that time, whether the Plaintiff was aware that the instant sales contract constituted a fraudulent act at that time.
It is presumed that the non-party delinquent debtor, who was in excess of debt, entered into a sales contract on the real estate of this case, which is the only real estate between the defendant and his own partner, constitutes a fraudulent act that causes the lack of joint security of other creditors, including the plaintiff, and constitutes a creditor's fraudulent act that causes damage to the plaintiff, and the defendant's bad faith is presumed to be a
Supreme Court Decision 2013Da5855 Decided April 26, 2013
2015Da235940 Revocation of Fraudulent Act
AA
Korea
Changwon District Court Decision 2015Na30958 Decided August 11, 2015
December 24, 2015
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 the allegation in the grounds of appeal by appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent