Seoul High Court 2014Na2028259 ( October 22, 2015)

In determining the debtor's insolvency, the small property should have occurred before the act that can be viewed as a fraudulent act was committed.

In determining whether or not the debtor's insolvency, which is a requirement for the exercise of creditor's right of revocation, it is necessary to say that the passive property, which is the object of the creditor's right of revocation, was generated before the act is committed.

Article 4 of the Act on Special Cases concerning the Procedure of Appeal

2015Da205574 Revocation of Fraudulent Act

Korea

KK

Seoul High Court Decision 2014Na2028259 Decided 22, 2015

on October 29, 2015

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by