Hayang support-2014-Shap-51817 ( November 07, 2014)

Since it is reasonable to regard it as division of property, it is not necessary to establish a fraudulent act.

It is reasonable to view it as division of property in divorce between husband and wife, and therefore it is not a fraudulent act.

Article 45 (Procedures for Seizing Real Estate)

Seoul High Court 2014Na2048390 Revocation of Fraudulent Act

Korea

CHAPTER A

High Court Decision 2014Gohap51817 decided November 7, 2014

September 2, 2015

September 18, 2015

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked.

Defendant and KimA concluded on April 27, 2009, KRW 200,000,000, and June 29, 2009

Each contract of gift in KRW 430,00,000 shall be revoked within the limit of KRW 549,661,270.

The defendant shall pay to the plaintiff 549,661,270 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.

1. Quotation of judgment of the first instance;

The court's explanation on this case is identical to the reasoning of the court's decision of the first instance except re-written or deleted part of the court's decision of the first instance as follows 2. Thus, this court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts which rewritten or delete the judgment of the first instance; and

"No. 10 evidence of the first instance judgment" shall be "No. 7, 10 evidence of the first instance judgment."

Each description shall be written " alone".

It shall be deleted from 14th to 16th to 4th to 4th to 14th to 14th.

3. Conclusion

If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall conclude this conclusion.

Since the plaintiff's appeal is legitimate, it is dismissed and it is so decided as per Disposition.