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(영문) 대법원 2017. 04. 25. 선고 2016다277774 판결
재산분할 및 위자료로 증여받은 금원이 재산분할의 상당성 정도를 벗어나 사해행위에 해당함(국승)[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2016Na59980 ( December 8, 2016)

Title

Property division and consolation money shall be the money donated as property division and consolation money and shall constitute a fraudulent act beyond the extent of the reasonableness of property division.

Summary

(C) Even if the amount of property was donated as property division and consolation money upon the divorce, it constitutes a fraudulent act by means of property division exceeding the reasonable degree of property division.

Cases

2016Da27774 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

Park ○

Judgment of the lower court

Suwon District Court Decision 2016Na5980

Imposition of Judgment

December 8, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

It is so decided as per Disposition by the assent of all participating Justices on the bench, in accordance with Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases concerning the Trial Procedure, since the petition of appeal filed by appellant does not contain any statement in the grounds of appeal and the appellate brief is not

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