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Case Number of the immediately preceding lawsuit
Suwon District Court-2016-B-76367 (Law No. 2017.20)
Title
The meaning of "high probability that compulsory execution and fraudulent act will occur" can not be the same.
Summary
(2) The Criminal Procedure Act refers to the act of evading compulsory execution, provisional seizure, and provisional disposition under the Civil Execution Act, and its meaning differs from that of a fraudulent act under the Civil Act. Thus, the crime of evading compulsory execution cannot be seen as identical to the "high probability that a claim for a fraudulent act may occur objectively" in the crime of evading compulsory execution.
Related statutes
Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act
Cases
2017Da254785 Revocation of Fraudulent Act
Plaintiff-Appellee
Korea
Defendant-Appellant
Freeboard and one other
Judgment of the lower court
Suwon District Court Decision 2016Na76367 Decided July 20, 2017
Text
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure
Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.