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(영문) 대법원 2009. 04. 23. 선고 2009다9843 판결
유일한 부동산 지분을 명의신탁한 것은 사해행위에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul Central District Court 2008Na29078 ( December 19, 2008)

Title

title trust of the sole real estate share constitutes a fraudulent act

Summary

The fact that the title trust of the instant real estate shares to be acquired as its sole property at the time was made in a state in which it was impossible to fully repay the shares solely with the real property is a fraudulent act in relation to the creditors including the plaintiff.

The decision

The contents of the decision shall be the same as attached.

Related statutes

Article 30 of the National Tax Collection Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating

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