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Case Number of the immediately preceding lawsuit
Gwangju High Court-2017-Na-62647 ( October 20, 2018)
Title
(A) Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal for the Supreme Court is not included in the grounds provided for in the subparagraphs of paragraph (1) of the same Article or considered groundless
Summary
(In a lawsuit for revocation of fraudulent act, the beneficiary's bad faith is presumed, so the beneficiary is responsible to prove his good faith in order to be exempted from his responsibility, but it is not sufficient to reverse the defendant's presumption of bad faith, to recognize that the defendant was bona fide, and there is no other evidence to prove it otherwise.
Related statutes
§ 406. Right of revocation by Creditor
Cases
Supreme Court Decision 2018Da250315 Decided Fraudulent Act
Plaintiff-Appellant
AA
Defendant-Appellee
○ ○
Judgment of the lower court
on January 20, 2018
Imposition of Judgment
on January 13, 2018
Text
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Defendant.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as