Title
Whether the instant real estate donation contract is subject to revocation of fraudulent act by avoiding disposition on default
Summary
A judgment without pleading following the failure to submit a reply under Article 208(3)1 of the Civil Procedure Act. The contract of donation concluded on December 9, 2015 between the defendant and AA with respect to real estate listed in the separate sheet shall be revoked within the extent of the amount requested by the plaintiff.
Related statutes
Judgment without holding any pleadings under Article 208(3)1 of the Civil Litigation Act
Cases
Incheon District Court-2018-Ga group-236356 ( November 07, 2018)
Plaintiff
O KimO
Defendant
OOO
Conclusion of Pleadings
Non-Distinct
Imposition of Judgment
November 07, 2018
Text
1. The gift fraternity entered into on December 9, 2015 with respect to the real estate listed in the separate sheet between the defendant and AA;
Daehan shall be revoked within the limit of KRW 000,000,000.
2. The defendant shall pay to the plaintiff KRW 00,000,000 as well as the full payment from the day after the day when this judgment became final and conclusive to the plaintiff
By the day, 5% interest per annum shall be paid.
3. The costs of lawsuit shall be borne by the defendant.
Purport of claim
As set forth in the text.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Applicable provisions of Acts: Judgment without pleadings (Article 208 (3) 1 of the Civil Procedure Act);