Daejeon District Court 2009Guhap4625 (O. 23, 2010)

In case of donation from a lineal ascendant of real estate over which the right to collateral security was created;

In the case of a third party's donation of real estate established by the right to collateral security from the lineal ascendant, the donee cannot be deemed to be the true obligation which the donee takes over or bears, and the donee bears the burden of proving that the donee took over or bears the burden of proving that the donee took over or bears the obligation of collateral security upon his own request.

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. The imposition of KRW 94,065,200 against the plaintiff on December 1, 2009 shall be revoked. The imposition of KRW 94,065,200 against the plaintiff on May 29, 2008.

The court's explanation on this case is identical to the entry of the first instance court's decision, except where "Article 47 (2)" in Section 4, Section 10 and Section 11 of the first instance court's decision is "Article 47 (3)". Thus, it is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

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