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Case Number of the immediately preceding lawsuit
Seoul High Court-2016-Na2089586 ( October 18, 2018)
Title
(C) The agreement on the division of inherited property may be subject to the exercise of the right to revoke the fraudulent act, and the burden of proof for the prior donation exists on the claimant.
Summary
(In the original instance), since the division consultation on inherited property is a juristic act aimed at property rights due to its nature, it can be subject to the exercise of the right of revocation of fraudulent act. In the event that the inheritance is claimed to be donated before the article, the burden of proof is against the claimant.
Cases
2018-C-209140 Revocation of Fraudulent Act
Plaintiff-Appellee
Korea
Defendant-Appellant
AAA foreign1
The second instance decision
Seoul High Court Decision 2016Na2089586 Decided 18, 2018
Imposition of Judgment
April 26, 2018
Text
The appeal is dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.
Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act
All of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.