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Case Number of the immediately preceding lawsuit
Gwangju District Court Decision 201Kadan6562 ( October 05, 2011)
Title
As long as the obligor's intention of deception is recognized, the beneficiary's bad faith is presumed unless there are special circumstances.
Summary
(As in the judgment of the court of first instance, unless there are special circumstances, it is presumed that the beneficiary's bad faith is presumed, barring special circumstances, so a gift contract concluded with respect to the real estate of this case shall be revoked as it constitutes a fraudulent act, and the defendant is obliged to implement the procedure for cancellation registration of transfer of ownership of this case by restitution following cancellation
Cases
2011Na14578 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
Park AA
Conclusion of Pleadings
December 16, 2011
Imposition of Judgment
February 8, 2012
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
With respect to each real estate listed in the separate sheet, each gift agreement entered into on May 11, 2010 between the largestCC and the defendant shall be revoked, and the defendant shall implement each procedure for cancellation of ownership transfer registration completed on May 12, 2010 under the receipt No. 20140.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.