logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.11.25 2015나52022
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following “additional decision” to the judgment of the first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Additional Determinations

A. 1) The Defendant asserts that B did not have any intention of deception against B, and that B merely thought that capital gains tax would have been reduced or exempted even if the capital gains tax was not imposed or imposed, it should not be recognized as an intention of deception. 2) The intention of deception is that the obligor would not prejudice the obligee in performing a legal act.

In this context, the term "doc" does not mean the intention or intent, so it is sufficient to be a simple perception.

In the end, the intention of the resolution is to recognize the fact that there is a risk that the creditor would be difficult to receive reimbursement due to the lack of joint security, and such recognition is sufficient in relation to the general creditor, and it is not necessary to recognize that it would prejudice a specific creditor.

(3) In light of the above legal principles, the Plaintiff et al., and creditors including the Plaintiff et al. were aware of the risk of being unable to receive the payment of claims due to the gift contract in this case. Thus, the Defendant’s assertion is without merit. (2) On the other hand, the Defendant did not know the specific contents of the financial status of B at the time of the donation contract in this case, and the Defendant did not know the specific contents of the financial status of B. Thus, the Defendant asserted to the effect that the Defendant’s bad faith should not be presumed solely on the basis that the Defendant was in a father-child relationship with B.

2. However, in a lawsuit seeking revocation of a fraudulent act, the beneficiary is.

arrow