Seoul High Court 2009Nu13063 (2010.06.03)

Examination Donation 2007-0023 (O. 31, 2008)

In order to reverse the presumption of donation, it is necessary to clarify and prove the source of the funds to acquire a separate property.

In order to reverse the presumption of donation, it is necessary to clarify the source of the funds for acquiring property, separate from the funds presumed to have been donated, and to prove that the funds have been used as the funds for acquiring the property in question. The presumption of donation was reversed except for part of the amount proved by the plaintiff.

The contents of the decision shall be the same as attached.

All appeals are dismissed.

Costs of appeal shall be borne by each party.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized as groundless. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided