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(영문) 서울중앙지방법원 2017. 09. 12. 선고 2017가단5128414 판결
채무초과 상태에서 체납자 소유 유일한 부동산을 증여한 것은 사해행위에 해당함[국승]
Title

the sole donation of the property owned by the delinquent in excess of liabilities constitutes a fraudulent act.

Summary

the sole donation of the property owned by the delinquent in excess of liabilities constitutes a fraudulent act.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration to Original State

Cases

2017 Ghana 5128414 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

○ Kim

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

September 6, 2017

Text

1. The Defendant’s contract of donation concluded on January 10, 2017 between Kim○○ and another shall be revoked.

2. The Defendant will implement the procedure for cancelling the registration of cancellation of ownership transfer, which was completed on January 2, 2017 by the receipt institution, with respect to the real estate stated in the attached list to Kim○○-○.

3. The costs of lawsuit shall be borne by the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Judgment without Oral Pleading (Articles 208(3)1 and 257 of the Civil Procedure Act)

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