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(영문) 대법원 2015. 02. 12. 선고 2014다233619 판결
(심리불속행)유일한 재산을 소비하기 쉬운 금전으로 바꾸는 행위는 사해행위에 해당하고, 수익자의 악의도 추정됨.[국승]
Case Number of the immediately preceding lawsuit

Busan District Court 2014Na43141

Title

(C) An act of changing the property in the form of money which can be easily consumed is a fraudulent act, and the beneficiary's bad faith is presumed also.

Summary

The act of selling the sole property to the defendant by the delinquent taxpayer constitutes a fraudulent act even in payment of nursing expenses, and the beneficiary's bad faith is presumed also presumed.

Related statutes

Article 30 of the National Tax Collection Act, Article 406 of the Civil Act

Cases

2014Da233619 Revocation of Fraudulent Act

Plaintiff, Appellant

Korea

Defendant, Appellant

Private Z

Judgment of the lower court

2014Na43141 Revocation of Fraudulent Act

Imposition of Judgment

February 12, 2015

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, but 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. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

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