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(영문) 부산지방법원 2018. 11. 08. 선고 2018가합43084 판결
채무초과상태에서 이 사건 금원을 친인척인 피고에게 변제한 것은 사해행위임.[국승]
Title

The repayment of the instant money to the Defendant who is a relative in excess of the debt is a fraudulent act.

Summary

The facts alone are insufficient to recognize that the Defendant is bona fide and there is no other evidence to acknowledge that the Defendant’s assertion is not reasonable, and the sales contract concluded between the Nonparty and the Defendant constitutes a fraudulent act, and thus the sales contract in this case should be revoked

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Cases

2018 Doz. 43084 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

AA

Conclusion of Pleadings

October 18, 2018

Imposition of Judgment

November 8, 2018

Text

1. As to the real estate listed in the Schedule No. 1:

(a) cancel the sales contract concluded on October 7, 2017 between the Defendant and BB; and

B. The Defendant received No. 12394, Nov. 8, 2017, from BB, the Gwangju District Court Consolidated Branch Office, as the case No. 12394

The procedure for the cancellation registration of the transfer of rights is implemented.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claims: The description related to the defendant among the grounds for claims in attached Form 2;

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act).

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