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(영문) 대법원 2015. 07. 10. 선고 2015다210545 판결
(심리불속행)이혼에 따른 재산분할은 이미 상당한 범위를 넘는 재산분할을 받은 것으로 보여 증여계약은 사해행위에 해당함.[국패]
Case Number of the immediately preceding lawsuit

Busan High Court 2013Na51308

Title

Property division due to divorce is considered to have already been subject to property division exceeding a reasonable scope, and the gift contract constitutes fraudulent act.

Summary

(C) It is reasonable to revoke a fraudulent act as a fraudulent act in the case of a gift contract by division of property following divorce.

Related statutes

Article 30 of the National Tax Collection Act

Cases

Supreme Court Decision 2015Da210545 Decided Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

LAA

Judgment of the lower court

Busan High Court 2013Na51308

Imposition of Judgment

July 10, 2015

Text

The appeal is 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 it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per Disposition

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