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(영문) 대법원 2017. 07. 11. 선고 2017다222382 판결

(심리불속행) 친족계좌에 송금한 금액이 사해행위(증여)인지 단순 차명계좌인지[국승]

Case Number of the immediately preceding lawsuit

Busan High Court-2016-Na53145 (Law No. 30, 2017)

Title

(C) whether the amount remitted to a relative account is a fraudulent act or a simple borrowed account.

Summary

(In light of the specific use of the substance of the withdrawal, etc., it is difficult to readily conclude that the delinquent taxpayer used the instant account solely for himself/herself, with the exclusion of Defendant CCC, a nominal account holder.

Cases

Supreme Court Decision 2017Da222382 Decided Fraudulent Act

Plaintiff-Appellant

A Kim a

Defendant-Appellee

Korea

Judgment of the lower court

Busan District Court Decision 2016Na53145 Decided March 30, 2017

Imposition of Judgment

July 11, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the main text of the grounds of appeal is determined not to include or not to accept the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal.Therefore, all appeals are dismissed, and it is so decided as per Disposition by the assent