Busan District Court's East Branch-2016-Gohap-103254 ( October 19, 2017)

Donation of a delinquent taxpayer does not constitute a fraudulent act

It is difficult to recognize the debtor's intention to commit fraudulent acts and to recognize the debtor's intention to commit fraudulent acts.

§ 406. Revocation of Civil Code

2017Na50907 (28 March 28, 2018)

Korea

Ma-○

on October 28, 2018

on October 28, 2018

1. The plaintiff's appeal is dismissed.

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

1. Purport of claim and appeal

The judgment of the court of first instance shall be revoked. The contract of donation with respect to the money listed in the attached list between the defendant and the deceased shall be revoked within the extent of 647,818,920 won. The defendant shall pay to the plaintiff 647,818,920 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

1. cite the judgment of the first instance;

The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.