Incheon District Court-2014-Ban-22670 ( October 16, 2015)

It cannot be presumed that the reason for revocation was known because the objective facts of the fraudulent act were known.

(1) Since the instant real estate was disposed of without compensation in excess of debt, such disposal act constitutes a fraudulent act, barring special circumstances.

Article 30 of the National Tax Collection Act Revocation of Fraudulent Act

2015Na5962 Revocation of Fraudulent Act

Korea

AAA

April 21, 2016

May 26, 2016

1. The defendant's appeal is dismissed.

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

The contract of donation concluded on March 9, 2010 between the Defendant and AA with respect to the real estate stated in the separate sheet of the first instance judgment shall be revoked. The Defendant will implement the procedures for the cancellation of the registration of transfer of ownership, which was completed on March 10, 2000 by the Suwon District Court CC Do registry Office with respect to the real estate stated in the separate sheet of the first instance judgment, to AA.

Purport of appeal

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

This court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

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