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Case Number of the immediately preceding lawsuit
Gwangju District Court 2013 Ghana 75179
Title
The act of making a donation to the wife of the real estate in his name constitutes a fraudulent act.
Summary
Contracts to which a delinquent taxpayer donated real estate under his/her name to the wife shall be revoked as a fraudulent act, and the registration of transfer of ownership in his/her name shall be cancelled due to such restitution.
Related statutes
Article 406 of the Civil Code / [Right of Revocation]
Cases
2014Na5457 Revocation of Fraudulent Act
Plaintiff, Appellant
Korea
Defendant, appellant and appellant
Category ○ ○
Judgment of the first instance court
Gwangju District Court Decision 2013Na75179 Decided November 25, 2014
Conclusion of Pleadings
July 17, 2015
Imposition of Judgment
4, 2015
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
With respect to real property listed in the Schedule:
A. Revocation of a gift agreement concluded on July 20, 201 between the Defendant and Kim △△△△△, and:
B. The Defendant’s receipt on July 24, 2012 to Kim △△△△ branch office of the Gwangju District Court’s Netcheon Branch Office
The procedure for cancellation registration of ownership transfer registration completed by ○○○○○○.
2. Purport of appeal
The judgment of the first instance is revoked. All of the plaintiff's claims are dismissed.
Reasons
The reason why the court's explanation concerning this case is the same as the part of the reasoning of the judgment of the court of first instance, except that the court of first instance dismisses "the court of first instance" as "the court of first instance," and the "the plaintiff" of the same second part as "The △△△△△," which is the same as the part of the judgment of the court of first instance, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Therefore, the plaintiff's claim of this case shall be accepted for the reasons, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges
Judges Song Young-young
Judges Hun-Ba
Judges are unable to sign and seal on a new leave of absence;