채무초과의 상태에서 매매계약을 체결한 것은 사해행위에 해당함[국승]
Busan High Court 2012Na5039 (Law No. 11, 2013)
It constitutes a fraudulent act if the sales contract was entered into in excess of obligations.
It is reasonable to deem that the Defendant could have sufficiently predicted the circumstances that taxes may be imposed on CC at the time of the instant promise to sell and purchase the instant goods, and thus constitutes a fraudulent act.
2013Da204591 Revocation of Fraudulent Act
Korea
The AA
Busan High Court Decision 2012Na50339 Decided April 11, 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 the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and is without merit, and the appeal is dismissed in accordance with Article 5 of the above Act.