Case Number of the immediately preceding lawsuit
Seoul High Court 2012Na75729 (2013.05)
Title
money donation made by the debtor to his spouse in excess of his liability constitutes a fraudulent act.
Summary
The monetary payment of this case against the defendant, who is the spouse of the debtor, was a gift act, and the debtor was in excess of his/her obligation at the time of paying the monetary payment, and the above monetary payment aggravated the status of excess of his/her obligation, so the debtor was aware that such an act was prejudicial to other general creditors at the time. Since the defendant's bad faith is presumed to constitute a fraudulent act, donation act constitutes a fraudulent act.
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