채무초과 상태에서 자신의 재산을 타인에게 증여하였다면 특별한 사정이 없는 한 사해행위가 되는 것임[국승]
Seoul High Court 2013Na201547 (2.04)
In a case where his own property was donated to another person under obligation excess, it would constitute a fraudulent act unless there are special circumstances.
If a debtor donates his/her own property to another person while in excess of his/her obligation, such act would constitute a fraudulent act unless there are special circumstances.
Article 30 of the National Tax Collection Act
2014Da205461 Revocation of Fraudulent Act
Korea
KimAAAA et al.
Seoul High Court Decision 2013Na2015447 Decided February 4, 2014
May 29, 2014
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
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 appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by