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Case Number of the immediately preceding lawsuit
Seoul Northern District Court 2015Na30709 ( October 18, 2015)
Title
If a property is provided to a certain creditor as payment in kind or as security when the debt is insufficient, it constitutes a fraudulent act.
Summary
(1) In the event that the obligor’s properties are insufficient to fully repay the obligor’s obligations, if the obligor’s properties are provided to a certain obligee as payment in kind or as a collateral, it would immediately constitute a fraudulent act in relation to other obligees unless there are special circumstances
Related statutes
Article 30 of the National Tax Collection Act, Article 406 of the Civil Act
Cases
2015Da240638 Revocation of Fraudulent Act
Plaintiff-Appellant
Korea
Defendant-Appellee
○ Kim
Judgment of the lower court
Seoul Northern District Court Decision 2015Na30709 Decided September 18, 2015
Imposition of Judgment
December 15, 2015
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
As the petition of appeal does not contain any statement in the grounds of appeal and did not submit the grounds of appeal within the statutory period, Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases concerning the Procedure of Appeal is decided as per Disposition by the assent of all participating