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(영문) 청주지방법원 영동지원 2012. 07. 16. 선고 2012가단1497 판결
채무자가 채무초과상태에서 유일부동산을 양도한 행위는 사해행위에 해당함[국승]
Title

The debtor's transfer of current real estate in excess of debt constitutes a fraudulent act.

Summary

The fact that the debtor who was in excess of his/her obligation sold the immovable property owned by him/her to the defendant who is the representative director of the company constitutes a fraudulent act.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2012 Ghana 1497 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

CHAPTER A

Conclusion of Pleadings

July 8, 2012

Imposition of Judgment

July 16, 2012

Text

1. As to each real estate listed in the separate sheet between the defendant and the BB industry corporation, September 1, 201

The sales contract concluded shall be revoked within the limit of 000 won.

2. The defendant shall pay to the plaintiff 00 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

3. The costs of lawsuit shall be borne by the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claim;

On September 1, 2011, BB industry corporation, which was in excess of the debt due to the Plaintiff’s debt, entered into a sales contract with the Defendant, who is the child of the representative director of the company, on September 7, 201, and implemented the procedure for the registration of ownership transfer on September 7, 201. The above sales contract shall be revoked as it constitutes a fraudulent act, but compensation for the value shall be granted due to the relationship with which it is difficult to restore the original state.

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