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(영문) 대법원 2018. 01. 25. 선고 2017다273595 판결
(심리불속행) 예금주 명의신탁계약이 사해행위에 해당하는지 여부[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court-2016-B-79304 (Law No. 28, 2017)

Title

(Trial Incompetence) Whether a deposit share trust agreement constitutes a fraudulent act

Summary

(C) In light of the above legal principles, it is reasonable to deem that the account holder’s name trust agreement was concluded between the debtor and the defendant, e.g., the account holder’s name trust agreement with the debtor and the defendant, e.g., the account holder’s name trust agreement was concluded.

Related statutes

Article 30 of the National Tax Collection Act: Revocation and Restoration of Fraudulent Act

Cases

2017Da2735 Revocation of Fraudulent Act

Plaintiff-Appellee

B. Incidental Appellant

Korea

Defendant-Appellant

-Supplementary Appellee

Ma-○

Judgment of the lower court

Suwon District Court Decision 2016Na79304 Decided September 28, 2017

Text

All appeals and supplementary appeals are dismissed.

The costs of appeal are assessed against the Defendant. The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the judgment of the court below and the grounds of incidental appeal, the grounds of appeal by appellant and the grounds of incidental appeal by incidental appellant are not included in the grounds of each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, all appeals and supplementary appeal are dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the

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