(심리불속행) 채무자가 자기의 유일한 재산인 부동산을 매각하여 금전으로 바꾸는 행위는 채권자에 대하여 사해행위가 됨[국승]
Seoul Northern District Court 2012Na2020 ( December 07, 2012)
(C) The debtor's act of selling real estate, which is the only property of the debtor, and replacing it with money, becomes a fraudulent act against the creditor.
Unless special circumstances exist, such as that the sale of real estate, which is the only property of the debtor, was carried out by considerable sale to meet the legitimate repayment of some creditors, the debtor's intent to commit a fraudulent act against the creditor and is presumed to be the debtor's intention to commit a fraudulent act.
2013Da200124 Revocation of Fraudulent Act
Korea
Park AA
Seoul Northern District Court Decision 2012Na20220 Decided December 7, 2012
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Although examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is deemed not to include or not acceptable the grounds stipulated in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Appellate Procedure. Therefore, the appeal is dismissed, and it is so decided as per Disposition
Reference materials.
If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final