계좌로 입금된 금원을 소명하지 않았다 하여 증여추정으로 볼 수 있는지 여부[국승]
Seoul High Court 2008Nu26864 (Law No. 21, 2009)
Whether it can be viewed as a presumption of gift without proving the amount deposited into the account
It is reasonable to view that the acquired property has withdrawn the money deposited in the account of the principal and returned it again, and it does not seem that it was donated since it is recognized that there was an occupation and re-payment of considerable income at the time of acquisition of that money.
The contents of the decision shall be the same as attached.
The appeal shall be dismissed.
Costs of appeal shall be borne by each party.
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 stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act, and it is so decided as per Disposition with