BBB가 피고 명의의 계좌로 입금한 금원은 BBB가 피고에게 증여한 것으로 보아야함[국승]
Seoul High Court-2012-Na52696 ( December 06, 2012)
BB’s money deposited into the account in the name of the Defendant shall be deemed to have been donated by BB to the Defendant.
Since BB's act of gift leads to excess of debt, the act of gift to the defendant of BB constitutes a fraudulent act causing the shortage of joint security.
Article 108 of the Civil Act (Fictitious Declaration of Intention)
2013-C-200179 Revocation of Fraudulent Act
Korea
AA
Seoul High Court Decision 2012Na52696 Decided December 6, 2012
June 24, 2015
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal (the supplemental appellate brief not timely filed is not timely filed)
The case shall be examined to the extent of supplement).
For reasons indicated in its reasoning, the lower court, on November 28, 2007, determined that BBC c in the name of the Defendant on the grounds indicated in its reasoning.
A KRW 00 million deposited into a branch account shall be deemed to have been donated by BB to the Defendant;
Inasmuch as BB’s act of donation results in excess of its obligation, BB’s act of donation
It was determined that the gift act against the defendant constitutes a fraudulent act causing the shortage of joint security.
Examining the record, the aforementioned recognition and determination by the lower court are justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, omitting judgment, failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on the establishment and revocation of fraudulent act.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.