Case Number of the immediately preceding lawsuit
Seoul Central District Court 2012Kadan82099 ( October 04, 2013)
Title
may file a claim with the court for the revocation of a fraudulent act.
Summary
(As with the judgment of the first instance court), where an obligor has done a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee, the obligee can only file a claim with the court for the revocation of the fraudulent act, but may not claim it as an attack and defense method in a lawsuit
Cases
2013 or 9047 Confirmation of a person entitled to deposit money
Plaintiff, Appellant
LAAA
Defendant, appellant and appellant
Korea
Judgment of the first instance court
Seoul Central District Court Decision 2012Gadan82099 Decided January 4, 2013
Conclusion of Pleadings
May 30, 2013
Imposition of Judgment
June 20, 2013
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
On November 29, 2011, the Seoul Central District Court confirmed that the right to claim for payment of deposit of KRW 000 deposited in gold No. 23911 on November 29, 201 is against the Plaintiff.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance. Thus, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.