이 사건 증여행위는 사해행위에 해당하고 피고가 선의였다고 보기 어려움[국승]
Hayang-2017-Shap70659 (O8, 2017.09)
It is difficult to deem that the instant donation constitutes a fraudulent act and the Defendant was bona fide.
The gift of this case by a delinquent taxpayer to the defendant in a delinquent state is clear that it constitutes a fraudulent act with the purpose of undermining a taxation right holder in excess of his/her obligation, and it cannot be deemed that the defendant acted in good faith against a delinquent taxpayer's fraudulent act.
Article 406 of the Civil Act
Seoul High Court-2017-Na205672 (Law No. 16, 2018)
Korea
KimA
Suwon District Court and Senior District Court 2017-Gohap-70659 (O8, 2017.09)
2018.04.30
2018.05.16
1. Quotation of judgment of the first instance;
The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, and therefore civil
In accordance with the main sentence of Article 420 of the Litigation Act, this shall be cited as it is (a certificate additionally submitted by the defendant at the trial).
Considering this, it is not different from the fact-finding and judgment of the first instance court.
2. Conclusion
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If so, the plaintiff's claim shall be accepted with due reason, and the judgment of the court of first instance shall be accepted.
As the conclusion is justified, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
The decision shall be rendered as above.