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(영문) 대법원 2018. 08. 16. 선고 2018다229250 판결
(심리불속행) 사해행위취소[국승]
Case Number of the immediately preceding lawsuit

Daejeon High Court 2017Na14527 (Law No. 12, 2018)

Title

(C) Revocation of a fraudulent act

Summary

(In a lawsuit seeking revocation of fraudulent act, the beneficiary's bad faith is presumed, so it is reasonable to deem that the beneficiary was responsible for proving his/her good faith in order to be exempted from his/her liability, and that the debtor's general creditors cannot obtain satisfaction of his/her claims due to the assignment of claims.

Related statutes

Article 30 of the National Tax Collection Act Revocation

Cases

Supreme Court Decision 2018Da229250 Revocation of Fraudulent Act

Plaintiff-Appellee

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Defendant-Appellant

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Judgment of the lower court

Daejeon High Court 2017Na14527 (Law No. 12, 2018)

Imposition of Judgment

October 25, 2018

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

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