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(영문) 대법원 2013. 09. 12. 선고 2013다205952 판결
(심리불속행) 이 사건 이혼급부 계약은 사해행위로, 피고 제출 증거들만으로는 피고의 선의를 인정하기 부족함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2012-Na56469 (Law No. 10, 2013)

Title

(D) The instant divorce payment contract is a fraudulent act, and the evidence submitted by the Defendant alone is insufficient to recognize the good faith of the Defendant.

Summary

(Summary) The instant divorce payment contract constitutes a fraudulent act by exceeding a considerable degree pursuant to the purport of Article 839-2(2) of the Civil Act. The evidence submitted by the Defendant alone is insufficient to reverse the presumption and to recognize the Defendant’s good faith.

Related statutes

Article 30 of the National Tax Collection Act

Cases

2013Da205952 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

literatureA

Judgment of the lower court

Seoul High Court Decision 2012Na56469 Decided May 10, 2013

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 are examined, but the argument on the grounds of appeal by the appellant is not included in the grounds provided by 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

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