(심리불속행)사해행위에 해당하는지 여부[국승]
Incheon District Court 2015Na51036 ( December 16, 2015)
(Trialless Conduct) Whether it constitutes a fraudulent act
(In the original instance), it is difficult to regard the money remitted by the obligor to the Defendant as an act of repayment of the existing loan or indemnity, and it is reasonable to regard it as an implementation under the gift contract.
Article 406 of the Civil Code, Right of Revocation
2016Da202268 Revocation of Fraudulent Act
Korea
○ Kim
Incheon District Court Decision 2015Na51036 Decided December 16, 2015
on April 28, 2016
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per