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(영문) 대법원 2014. 05. 29. 선고 2014다205461 판결
채무초과 상태에서 자신의 재산을 타인에게 증여하였다면 특별한 사정이 없는 한 사해행위가 되는 것임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Na201547 (2.04)

Title

In a case where his own property was donated to another person under obligation excess, it would constitute a fraudulent act unless there are special circumstances.

Summary

If a debtor donates his/her own property to another person while in excess of his/her obligation, such act would constitute a fraudulent act unless there are special circumstances.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2014Da205461 Revocation of Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

KimAAAA et al.

Judgment of the lower court

Seoul High Court Decision 2013Na2015447 Decided February 4, 2014

Imposition of Judgment

May 29, 2014

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

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

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