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(영문) 대법원 2019. 07. 24. 선고 2019다229035 판결

(심리불속행)자신의 채무를 변제하기 위한 것이거나 이혼시 재산분할이어서 사해행위가 아니며, 채무의 변제에 해당한다고 하더라도 통모가 아님.[국패]

Case Number of the immediately preceding lawsuit

Busan District Court-2018-Na51591 (2019.05)

Title

It is not a fraudulent act because it is for the repayment of the debt of the person (psychful conduct) or for the division of property at the time of divorce.

Summary

(1) The first remittance is not a fraudulent act because it is either for the repayment of one's own debt or for the division of property at the time of divorce, and even if the second remittance constitutes the repayment of the debt, it is insufficient to view it as a collusion.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Cases

2019Da229035 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

1. Kim AA 2. EB

Judgment of the lower court

Busan District Court 2018Na51591

Imposition of Judgment

July 24, 2019

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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 assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per