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(영문) 대법원 2013. 01. 10. 선고 2012다82862 판결
(심리불속행) 채무자의 재산분할이 상당한 정도를 벗어난 과대한 것으로서 사해행위에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 201Na102631 (Law No. 23, 2012)

Title

(C) If the property division of the debtor is so excessive that the property division of the debtor is beyond the reasonable extent, it constitutes a fraudulent act.

Summary

(Summary) Even if the instant donation contract was concluded by the debtor under the pretext of division of property and payment of consolation money as a result of a divorce with his spouse, if there is no amount remaining after deducting the amount of debt from the total property value, it constitutes fraudulent act as it exceeds the reasonable degree of division of property of the debtor

Related statutes

Article 30 of the National Tax Collection Act

Cases

2012Da82862 Revocation, etc. of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

PP

Judgment of the lower court

Seoul High Court Decision 2011Na102631 Decided August 23, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal on the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

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