채권의 공동담보로 부족하게 되는 부분만을 자신의 채권액을 한도로 취소할 수 있음[국승]
only the portion insufficient for joint security of claims may be revoked to the extent of its claim amount.
In a case where the debtor becomes liable for excess of his/her obligation only by means of a fraudulent act, the creditor is sufficient to cancel only the part of his/her claim, which is insufficient to secure the joint collateral of his/her claim, up to the limit of his/her claim, and cannot cancel all of his/her act.
Article 30 of the National Tax Collection Act
2019Da219380 Revocation of Fraudulent Act
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June 13, 2019
June 13, 2019
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the Act
It is so decided as per Disposition by the assent of all participating Justices.