Daejeon High Court-2013Na-12530

be subject to fraudulent act by deeming it as a cash donation, not for the establishment of title trust contract by the borrowed account;

It is reasonable to view that the instant account does not allow the Defendant to use it as a borrowed-name account under the name trust of deposit holders, but is an account used directly by the Defendant, and that the said amount transferred from the business account of Lee Young-dong to the instant account was in accord with the intent to donate it to the Defendant to be ultimately reverted to the Defendant in order to use it as the Defendant’s apartment purchase fund, etc. Therefore, a fraudulent act is established by deeming it as a cash donation.

Supreme Court-2014Da232982 ( October 09, 2015)

Korea

Ansan ○

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Generally, a title trust is generally held by a trustee in an external relationship with another person and ownership of the trustee, but in an internal relationship between the truster and the trustee, the truster holds ownership and profits from the management. Thus, in order for the debtor to have established a title trust contract with respect to the deposit account under the so-called borrowed account prior to the money transferred to another person’s deposit account, the debtor’s possession and profits from the deposit account should have the agreement between the debtor and the title holder. If it is interpreted that there exists a mutual agreement between the debtor and the title holder of the deposit account with respect to the gratuitous donation of the money transferred as such to the title holder of the deposit account, the act of payment of the money should be deemed a donation.

According to the reasoning of the judgment below, the court below held that ○○ is the wife from ○○ to ○○○.

In full view of the reasons indicated in its holding, such as the transfer of ○○ won in sum to the bank account in the name of the Defendant to the bank account in the name of the Defendant, the upper part of the cash transaction in the instant account relating to the operation of ○○○○’s station, and the cash or cashier’s checks deposited into the bank account in the instant account at the ○○ bank branch in which the ○○○ operated the station, etc., the ○○○○ entered into a trust agreement with the Defendant.

The instant account was used for a business account related to the operation of the gas station as a borrowed account, and the account was sent.

The gold also determined that it was a remittance of the borrowed account.

However, according to the evidence duly admitted by the court below, this ○○ operated the ○○ Gas station from Leecheon to ○○○○, and credit card payment and accounts receivable from customers.

B. A private bank account (hereinafter referred to as "business account") opened in a new store of ○○ Agricultural Cooperative;

On July 23, 1999, the account of this case was established by the Defendant and used for the payment of urban gas charges, communication charges, apartment management expenses, children's school expenses, national pension and post office insurance premiums, etc.;

The details of transactions paid from around 00 to 000 are only seven times, and this ○○ donated the land immediately after the closure of the gas station on November 7, 2008 to the Defendant. The Defendant, around October 2008, has an apartment house residing at around 00 ○○.

(1) The Defendant’s purchase of the property, and the Defendant’s purchase of the property

Da○○○ transferred money from the business account to the instant account, most of the apartment units in the name of the Defendant.

It appears that it was used as a purchase fund, and actually from the account of this case on November 20, 2008 to ○○.

○○○○ was remitted, and the sum of KRW 200 million was 20 million in the case of ○○○○ around the outstanding payment date.

the fact, etc. transferred to another account of the Corporation may be known.

Examining the above facts in light of the legal principles as seen earlier, the account of this case is deposited by the Defendant.

Defendant’s direct management, not by way of title trust, not allowing ○○ to use it as a borrowed name account.

the account used in this case, and the above money transferred from the business account of ○○ to the account of this case shall be avoided.

Donation to the defendant to be ultimately reverted to the defendant in order to use the apartment purchase fund, etc.

Since it is reasonable to see that there was an intention to agree with the debtor, the above gold is in excess of the debt.

such act constitutes a fraudulent act, unless there is a special reason to the contrary, and in the account of this case

The Board of Governors shall, even if some of the amounts have been paid to the principal agent in the operation of this ○○, have been paid by the Board of Governors.

No deduction shall be made within the scope of return of a uniform or value.

The lower court determined that the remittance of the instant account was a deposit holder title trust agreement.

However, the conclusion that orders the return of value by recognizing the establishment of a fraudulent act is not possible;

Therefore, there is no error of law affecting the judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is decided by all participating Justices.

It is so decided as per Disposition by the assent of all participating Justices