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(영문) 대법원 2016. 04. 29. 선고 2016다200750 판결

(심리불속행) 체납자가 처인 피고 금전을 교부하여 임차보증금 반환 명목으로 사용하게 한 것은 통모한 것으로서 사해성 있음[기각]

Case Number of the immediately preceding lawsuit

Gwangju High Court 2014Na13739 ( December 09, 2015)

Title

(Incompetence of hearing) The act of a delinquent taxpayer's giving money to the defendant, who is his wife, and allowing him to use it for the purpose of returning the lease deposit, is in collusion.

Summary

(In the original instance), it is difficult to believe the lending of money between the spouses as it is, and even if it is the act of repayment, it is in collusion, and it is private.

Related statutes

§ 406.

Cases

2016Da200750 Revocation of Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

AA

Judgment of the lower court

Gwangju High Court Decision 2013Na13739 Decided December 9, 2015

Imposition of Judgment

April 29, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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 do not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court or are without merit. It is so decided as per Disposition by the assent of all participating Justices.