단순한 상속채무의 이행으로 인정될 경우 사해행위가 성립하지 아니함[국패]
Gwangju District Court Decision 2013Da513542 Decided November 25, 2014
If a simple performance of an inheritance obligation is recognized, the fraudulent act is not constituted.
(1) The gift of the instant real estate to the Defendant by the obligor is merely a performance of the obligation as an inheritor and thus does not constitute a fraudulent act.
Article 406 of the Civil Act
Gwangju District Court 2014Na54829
Korea
Maglugrug Zood
November 25, 2014
oly 2015.06
oly 15, 2015
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance shall be revoked. The real estate of paragraphs 13 through 17 in the separate sheet between the defendant and the nationalA.
(hereinafter referred to as "each real estate of this case") a donation contract concluded on July 28, 2010
The defendant will cancel the registration procedure for cancellation of transfer of ownership, which was completed on July 28, 2010 by the receipt No. 12969, with respect to each real estate of this case to the State of Gwangju District Court BB registry office.
The court's explanation about the instant case is the same as the part concerning the reasoning of the judgment of the court of first instance.
Ro, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.
It is so decided as per Disposition.