(심리불속행) 원고의 추완항소는 적법하고, 사해행위 소송에서 피보전채권에 관하여 피고의 악의를 입증할 수 없으므로 원고의 청구를 기각함[국패]
Seoul High Court 2013Nu2005785 (2014.03.06)
(A) The plaintiff's appeal for the subsequent completion of trial is legitimate, and the defendant's bad faith cannot be proven in a fraudulent act lawsuit, and the plaintiff's appeal is dismissed.
(1) The judgment of the court below is justified due to a cause not attributable to the party, and it was difficult to view that there was a disposition imposing inheritance tax corresponding to preserved claims at the time of the donation contract of this case. Thus, the defendant's bad faith cannot be recognized.
Article 173 of the Civil Procedure Act [Subsequent Completion of Litigation)
Article 406 of the Civil Code / [Right of Revocation]
Supreme Court Decision 2014Da207559 (Law No. 10, 2014)
Korea
Section AA
Seoul High Court 2013Nu2005785 (2014.03.06)
July 10, 2014
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Examining the judgment of the court below and the grounds of appeal, the ground of appeal by the appellant is not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Appeal Procedure, or is deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per