Seoul Eastern District Court 2011 Gohap4986 ( August 19, 2011)

Since the assertion that the loan is repaid cannot be recognized, the gift contract must be cancelled.

(1) The evidence submitted by the defendant alone is insufficient to recognize that the defendant was unaware of the presumption of bad faith at the time when the contract of donation was concluded, and thus, the contract of donation should be revoked.

Article 30 of the National Tax Collection Act

2011Na70123 Revocation of Fraudulent Act

Korea

XX

Seoul Eastern District Court Decision 2011Gahap4986 Decided August 19, 2011

December 22, 2011

February 2, 2012

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

A. The defendant and the non-party A made a donation contract of KRW 50,000,000 entered into on May 12, 2006 and the contract of KRW 128,00,000 entered into on May 15, 2006 shall be revoked.

B. The defendant shall pay to the plaintiff 178,00,000 won with 5% interest per annum from the day after the day when this judgment became final to the day of complete payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The court's explanation of this case is identical to the statement of the reasons for the judgment of the court of first instance.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. Conclusion

If so, the plaintiff's claim of this case is justified, 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.