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(영문) 대법원 2015. 12. 24. 선고 2015다235940 판결
이 사건 매매거래 사실을 관할세무서에 신고하였으므로 그 무렵 원고는 이 사건 매매계약이 사해행위에 해당함을 알았는지 여부.[국승]
Case Number of the immediately preceding lawsuit

Changwon District Court-2015-B-30958 ( August 11, 2015)

Title

Since the fact of the instant transaction was reported to the competent tax office at that time, whether the Plaintiff was aware that the instant sales contract constituted a fraudulent act at that time.

Summary

It is presumed that the non-party delinquent debtor, who was in excess of debt, entered into a sales contract on the real estate of this case, which is the only real estate between the defendant and his own partner, constitutes a fraudulent act that causes the lack of joint security of other creditors, including the plaintiff, and constitutes a creditor's fraudulent act that causes damage to the plaintiff, and the defendant's bad faith is presumed to be a

Related statutes

Supreme Court Decision 2013Da5855 Decided April 26, 2013

Cases

2015Da235940 Revocation of Fraudulent Act

Plaintiff, Appellant

AA

Defendant, appellant and appellant

Korea

Judgment of the lower court

Changwon District Court Decision 2015Na30958 Decided August 11, 2015

Imposition of Judgment

December 24, 2015

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 the allegation in the grounds of appeal by appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent

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