사해행위계약의 취소와 원물반환을 구하는 청구취지 속에는 가액배상을 구하는 취지도 포함되어 있음[국승]
Seoul High Court-2015-Na7789 (Law No. 21, 2016)
The purport of the claim for cancellation of a fraudulent act contract and return of originals is also included in the purport of seeking compensation for value.
Where the beneficiary and the subsequent purchaser are jointly and severally liable for the value compensation as joint defendants, their obligation to compensate for the value is jointly and severally liable to each other. In a fraudulent act lawsuit, a claim for the value compensation is sought for future performance, and the ratio of the damages for delay is based on statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Promotion, etc.
Article 21(1) of the Framework Act on National Taxes, proviso to Article 3(1) of the Act on Special Cases concerning Expedition, etc.
2016Da20794 Revocation, etc. of Fraudulent Act
Korea
AA and 1
Seoul High Court 2015Na7789 (21 January 2016)
August 25, 2016
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent