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(영문) 대법원 2017. 06. 15. 선고 2017다218703 판결
(심리불속행기각)피고 대한민국의 근저당권 설정행위가 사해행위인지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Na2020389 ( February 10, 2017)

Title

(Incompetence of Trial) Whether the Defendant’s act of establishing the right to collateral security by the Republic of Korea constitutes a fraudulent act

Summary

(2) The Defendants, who formed an interest through the instant sales contract, cannot be deemed to have an effect on the waiver of the extinctive prescription interest, since the waiver of the extinctive prescription interest is merely a relative effect. The Defendants, who formed an interest through the instant sales contract, have no effect on the waiver of the prescription interest.

Related statutes

Article 24 of the Framework Act on National Taxes

Cases

Supreme Court Decision 2017Da218703 Decided Cancellation, etc.

Plaintiff

MaximumO

Defendant

MaximumO et al.

Imposition of Judgment

2017.06.15

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the allegation in the grounds of appeal by the appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, all of the appeals are dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It

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