beta
(영문) 서울고등법원 2015. 04. 09. 선고 2014나2035776 판결

사해행위 취소[국패]

Title

Revocation of Fraudulent Act

Summary

Whether it constitutes a fraudulent act

Related statutes

Article 35 of the National Tax Collection Act

Cases

2014Na203576 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

March 5, 2015

Imposition of Judgment

April 9, 2015

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

the Gu Office's place of service and place of service

BB and CCC on May 27, 201, the purchase and sale contract for the real estate listed in the separate sheet was revoked, and the defendant will implement the registration procedure for ownership transfer on the real estate to BB for the restoration of real name.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's reasoning is that "50,000,000 won was paid in cash to CCC on the date of the contract" in Part 3 of the 6th decision of the court of first instance, except that "50,000,000 won was decided to substitute for payment with the defendant's claim against CCC with the defendant's claim against CCC", and therefore, it is identical with the reasoning of the judgment of the court of first instance. Therefore, it is accepted as it is by the main sentence of

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.