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(영문) 대법원 2015. 12. 23. 선고 2015다240409 판결
(심리불속행)재산분할약정이 사해행위에 해당하여 취소되어야 함[국승]
Case Number of the immediately preceding lawsuit

District Court 2014Na51313

Case Number of the previous trial

Suwon District Court 2013Kadan503727

Title

(1)The property division agreement shall be revoked as it constitutes a fraudulent act.

Summary

Since real estate, which is an active property, has been transferred by reason of the division of property and has deepened the status of debts, the portion exceeding a considerable portion of the division of property is subject to the creditor's right of revocation as a fraudulent act.

Related statutes

§ 406. Revocation of Civil Code

Cases

2015Da240409 Revocation of Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

KoreaA

Judgment of the lower court

Suwon District Court 2014Na51313 ( October 2015)

Imposition of Judgment

December 23, 2015

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the appeal is clearly without merit because it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, all appeals are dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.

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