채무초과 상태를 심화시키는 채무자의 재산 처분행위는 사해행위에 해당함[국승]
The debtor's disposal of the debtor's property that deepens the excess of debt constitutes a fraudulent act.
The act of causing excess of the debt due to the debtor's disposal of the debtor's responsible property shall be deemed a fraudulent act against the tax claimant.
Article 30 of the National Tax Collection Act Revocation of Fraudulent Act
2018Du10520 Revocation of Fraudulent Act
Korea
AA Construction Co., Ltd.
October 11, 2018
November 1, 2018
1. Each gift agreement between the defendant and the non-party B on each of the money listed in the separate sheet shall be revoked within the scope of KRW 561,868,060.
2. The defendant shall pay to the plaintiff 561,868,060 won with interest rate of 5% per annum from the day following the day this judgment became final and conclusive to the day of complete payment.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment based on the recommendation of confession (Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act).