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(영문) 부산지방법원 2017. 03. 15. 선고 2016가단351456 판결

채무초과상태에서 이 사건 출자증권을 피고에게 양도한 행위는 사해행위임.[국승]

Title

In excess of debt, the transfer of the instant contribution certificate to the Defendant is a fraudulent act.

Summary

The act of transferring the instant contribution certificate to the Defendant in excess of debt is a fraudulent act detrimental to the Plaintiff, which is the creditor of the non-party corporation, and is presumed to have been maliciously committed by the non-party corporation and the Defendant, who is the beneficiary. Thus, the above transfer contract between the non-party corporation and the Defendant should be revoked

Related statutes

Article 30 of the National Tax Collection Act Revocation

Cases

2016 Ghana 351456 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

AAAAAA Corporation

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

March 15, 2017

Text

1. The sales contract concluded on December 8, 2015 between the Defendant and the BBB on the investment certificates of theCC Mutual Aid Association listed in the separate sheet shall be revoked.

2. The Defendant shall pay to the Plaintiff ○○○○ and the Plaintiff 5% interest per annum from the day following the day this judgment became final to the day of complete payment.

3. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

As set forth in the text.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);