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(영문) 수원지방법원 안산지원 2016. 08. 26. 선고 2016가단57505 판결
무자력 상태에 있는 채무자가 며느리인 피고에게 이 사건 토지를 매매하는 것은 사해행위에 해당함[국승]
Title

The sale of the instant land to the Defendant, who is insolvent, is a fraudulent act by which the debtor is in a state of insolvency.

Summary

(Judgment without Oral Proceedings) The sale of the land in this case to a defendant with a special relationship as a debtor who is insolvent constitutes a fraudulent act which causes the creditors to lack of joint security.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2016 Ghana 57505 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

KimA

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

August 26, 2016

Text

1. Revocation of a trade reservation made on November 1, 2005 between the defendant and the non-party KimB (**************) with respect to the real estate listed in the separate sheet.

2. The defendant will implement the procedure for cancellation of the provisional registration of the right to claim transfer of ownership, which was completed on November 1, 2005 by the head of ○○ District Court ○○○○ Branch ○○○ on the real estate listed in the separate sheet to KimB.

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;

Article 208(3)1 of the Civil Procedure Act (Judgment without Holding Any Pleadings)

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