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(영문) 대법원 2014. 01. 24. 선고 2013다214291 판결
(심리불속행)피고가 체납자와 혼인관계를 유지하던 중 이루어진 이 사건 증여를 이혼을 전제로 한 재산분할로 인정할 수도 없음[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court 2013Na100840 ( October 15, 2013)

Title

(C) The Defendant’s donation of this case, which was made while maintaining a marital relationship with the delinquent taxpayer, cannot be deemed as a division of property under the premise of divorce.

Summary

(2) On June 24, 2013, the Plaintiff filed a divorce lawsuit against the Defendant on June 24, 2013, which was the date of the instant lawsuit. However, it is difficult to recognize that each of the instant donations was made pursuant to the property division agreement on November 28, 2005, and there is no other evidence to acknowledge it.

Cases

2013Da214291 Revocation of Fraudulent Act

Plaintiff-Appellant

CHAPTER A

Defendant-Appellee

Korea

Judgment of the lower court

Daejeon District Court Decision 2013Na100840 Decided October 15, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the judgment of the court below and the grounds of appeal, since the appellant's ground of appeal is recognized to fall under Article 4 of the Act on Special Cases concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

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