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(영문) 대법원 2013. 10. 14. 선고 2013다208883 판결
(심리불속행) 채무자가 채무초과상태에서 배우자에게 한 금전증여행위는 사해행위에 해당함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2012-Na75729 (2013.05)

Title

(ps) The act of monetary donation made by the debtor to his spouse in excess of his liability constitutes a fraudulent act.

Summary

(The main point of the court below) The monetary payment of this case against the defendant, who is the spouse of the debtor, was a gift act, and the debtor was aware that such an act would prejudice other general creditors at the time, and it is presumed that the act of donation constitutes a fraudulent act because it is presumed that the defendant, who is the beneficiary,

Related statutes

Article 30 of the National Tax Collection Act

Cases

2013Da208883 Revocation of Fraudulent Act

Plaintiff-Appellee

Korea

Defendant-Appellant

United StatesA

Judgment of the lower court

Seoul High Court Decision 2012Na75729 Decided July 5, 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 were examined. However, the grounds of appeal on the grounds of appeal are 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 pursuant to the above Act and Article 5. It is so decided as per

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