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(영문) 대법원 2015.06.24 2013다200179
사해행위취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its reasoning, the lower court determined that C’s act of gift to C constitutes a fraudulent act causing the shortage of joint security, on the grounds that C’s act of gift to the Defendant was deemed as a donation by C to the Defendant on November 28, 2007, and that C’s act of gift constitutes a fraudulent act causing the shortage of joint security.

Examining the record, the above recognition and judgment of the court below are justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, omitting judgment, failing to exhaust all necessary deliberations, or misapprehending the legal principles on the establishment and revocation of fraudulent act.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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