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(영문) 인천지방법원 2016. 05. 26. 선고 2015나59962 판결

사해행위의 객관적 사실을 알았다고 하여 취소의 원인을 알았다고 추정할 수는 없음[국승]

Case Number of the immediately preceding lawsuit

Incheon District Court-2014-Ban-22670 ( October 16, 2015)

Title

It cannot be presumed that the reason for revocation was known because the objective facts of the fraudulent act were known.

Summary

(1) Since the instant real estate was disposed of without compensation in excess of debt, such disposal act constitutes a fraudulent act, barring special circumstances.

Related statutes

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

Cases

2015Na5962 Revocation of Fraudulent Act

Plaintiff

Korea

Defendant

AAA

Conclusion of Pleadings

April 21, 2016

Imposition of Judgment

May 26, 2016

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim

The contract of donation concluded on March 9, 2010 between the Defendant and AA with respect to the real estate stated in the separate sheet of the first instance judgment shall be revoked. The Defendant will implement the procedures for the cancellation of the registration of transfer of ownership, which was completed on March 10, 2000 by the Suwon District Court CC Do registry Office with respect to the real estate stated in the separate sheet of the first instance judgment, to AA.

Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

This court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.