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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why the admitting party of the judgment of the court of first instance states concerning this case are as follows, except for the addition of the following judgments to the pertinent part, and therefore, the following are identical to the reasons for the judgment of the court of first instance.
2. Upon the Plaintiff’s filing of a lawsuit, including cancellation of ownership transfer registration, the Plaintiff asserts that the instant real estate was donated to the Defendant and the deposit received under the name of the Defendant was continuously withdrawn 23 times from July 4, 2014 to October 27, 2015. The Plaintiff asserts that the instant donation contract and the withdrawal of the deposit received should be deemed a series of acts and a single act.
In case where a debtor continuously disposes of several properties, in principle, it shall be judged whether each act causes insolvency. However, in case where there are special circumstances to see a series of acts as a single act, it shall be determined whether a series of acts is a whole of them as a whole. Whether there are such special circumstances or not shall be determined by comprehensively taking into account whether the other party to the disposition is identical, whether each disposition is close to time, whether the other party and the debtor are specially related, and whether the motive or opportunity of each disposition is the same. However, even in cases where there is no special relation, such as where each disposition is conducted in connection with each other in a series of legal processes to achieve the same purpose, the scope shall be expanded without permission, and it shall not be evaluated as a single act.
(see, e.g., Supreme Court Decision 2013Da33874, Jul. 25, 2013). With respect to the instant case, the health deposit and the withdrawal of the instant gift contract and the said deposit are different from the other party to the disposition, and the said withdrawal of the deposit is for a period exceeding one year.