유일한 재산을 소비하기 쉬운 금전으로 바꾸는 행위는 사해행위에 해당하고, 수익자의 악의도 추정됨.[국승]
Busan District Court 2013 Ghana 237146
The act of changing the sole property into money which is easily consumed is a fraudulent act, and the beneficiary's bad faith is presumed also.
(As the judgment of the court of first instance is the act of selling property only to the defendant by the delinquent taxpayer to the defendant constitutes a fraudulent act even if payment of nursing expenses is made in kind, and the beneficiary's bad faith is presumed.
Article 30 of the National Tax Collection Act, Article 406 of the Civil Act
2014Na43141 Revocation of Fraudulent Act
Korea
CivilAA
October 2, 2014
November 13, 2014
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
A. The sales contract concluded on May 4, 2009 between the Defendant and B on the real estate listed in the separate sheet shall be revoked.
B. The defendant will implement the procedure to cancel the registration of transfer of ownership, which was completed under No. 00000 on June 4, 2009, with respect to the real estate listed in the separate sheet to thisB.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
2. Conclusion
Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.