Title
only the portion insufficient for joint security of claims may be revoked to the extent of its claim amount.
Summary
In a case where the debtor becomes liable for excess of his/her obligation only by means of a fraudulent act, the creditor is sufficient to cancel only the part of his/her claim, which is insufficient to secure the joint collateral of his/her claim, up to the limit of his/her claim, and cannot cancel all of his/her act.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2019Da219380 Revocation of Fraudulent Act
Plaintiff
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Defendant
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Conclusion of Pleadings
June 13, 2019
Imposition of Judgment
June 13, 2019
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the Act
It is so decided as per Disposition by the assent of all participating Justices.