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Case Number of the immediately preceding lawsuit
Daejeon District Court Decision 2013Gaz. 100746 ( November 8, 2013)
Title
The act of cash donation from the mother constitutes a fraudulent act, but did not have the intent to harm the plaintiff.
Summary
[Attachment to the judgment of the first instance court] A voluntary report on capital gains tax was filed on behalf of a mother, the gift tax following cash donation was preferentially paid, the donation was received from the mother by means of an easy account transfer account transfer, and the donation was provided with facilities necessary for welfare projects and support the mother and child, etc., it is reasonable to deem that the cash donation act of this case did not know that the Plaintiff, the creditor, was harmful.
Related statutes
Article 406 of the Civil Act
Cases
2013Na12585 Revocation of Fraudulent Act
Plaintiff and appellant
Republic of Korea (Ucheonan District Office under Jurisdiction)
Defendant, Appellant
Park AA
Judgment of the first instance court
Daejeon District Court Decision 2013Gahap10746 Decided November 8, 2013
Conclusion of Pleadings
June 25, 2014
Imposition of Judgment
August 20, 2014
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The contract on cash donation of KRW 000,000 entered into on November 19, 2012 between the Defendant and Nonparty B shall be revoked within the limit of KRW 000. The Defendant shall pay to the Plaintiff 5% interest per annum from the day following the date of confirmation of the judgment of the first instance to the day of full payment.
Reasons
1. Quotation of judgment of the first instance;
The reasons why this Court should explain are as follows: "Real estate" of No. 410 of the judgment of the court of first instance shall be "real estate".
Part 19, except that the "P" of Part 19 is the "PB", is the same as the statement of the reasons for the decision of the first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.In conclusion
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.