사해행위취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance as to this case is identical to the ground of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 4
(1) The Plaintiff’s assertion and the evidence submitted by the Plaintiff are examined, and the first instance court’s determination is reasonable. The Plaintiff asserted that the instant court is real estate held in title trust to the Defendant on the land and buildings, but the Plaintiff has the burden of proving the title trust. However, the evidence submitted alone is difficult to acknowledge the fact of title trust, and there is no other evidence to acknowledge it. The evidence submitted regarding the conclusion that the gift contract was concluded between C and the Defendant on the land and buildings in this case, and there is no other evidence to acknowledge it. 2. As the first instance judgment is justifiable, the Plaintiff’s appeal is dismissed. It is so decided as per Disposition by the assent.