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Case Number of the immediately preceding lawsuit
Hayang-2017-Shap70659 (O8, 2017.09)
Title
It is difficult to deem that the instant donation constitutes a fraudulent act and the Defendant was bona fide.
Summary
The gift of this case by a delinquent taxpayer to the defendant in a delinquent state is clear that it constitutes a fraudulent act with the purpose of undermining a taxation right holder in excess of his/her obligation, and it cannot be deemed that the defendant acted in good faith against a delinquent taxpayer's fraudulent act.
Related statutes
Article 406 of the Civil Act
Cases
Seoul High Court-2017-Na205672 (Law No. 16, 2018)
Plaintiff, Appellant
Korea
Defendant, appellant and appellant
KimA
Judgment of the first instance court
Suwon District Court and Senior District Court 2017-Gohap-70659 (O8, 2017.09)
Conclusion of Pleadings
2018.04.30
Imposition of Judgment
2018.05.16
1. Quotation of judgment of the first instance;
The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, and therefore civil
In accordance with the main sentence of Article 420 of the Litigation Act, this shall be cited as it is (a certificate additionally submitted by the defendant at the trial).
Considering this, it is not different from the fact-finding and judgment of the first instance court.
2. Conclusion
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If so, the plaintiff's claim shall be accepted with due reason, and the judgment of the court of first instance shall be accepted.
As the conclusion is justified, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
The decision shall be rendered as above.