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(영문) 대법원 2013. 12. 02. 선고 2013다209947 판결
(심리불속행) 채무 초과상태에서 특별한 사정이 없는한 원고는 피고를 상대로 채권자취소권 행사 가능함[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court-2012-B-4388 ( December 24, 2013)

Title

(In the absence of special circumstances in the state of excess of the obligation, the Plaintiff may exercise the right of revocation against the Defendant.

Summary

(C) Each contract of this case constitutes a fraudulent act detrimental to the plaintiff, who is the creditor, and the defendant's bad faith is presumed, and barring special circumstances, the plaintiff may exercise the right of revocation against the defendant, who is the beneficiary, and seek restitution to its original state.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2013Da209947 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

United Kingdom A

Judgment of the lower court

Suwon District Court Decision 2012Na43888 Decided July 24, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by

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