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Case Number of the immediately preceding lawsuit
Seoul High Court 2013Nu2005785 (2014.03.06)
Title
(A) The plaintiff's appeal for the subsequent completion of trial is legitimate, and the defendant's bad faith cannot be proven in a fraudulent act lawsuit, and the plaintiff's appeal is dismissed.
Summary
(1) The judgment of the court below is justified due to a cause not attributable to the party, and it was difficult to view that there was a disposition imposing inheritance tax corresponding to preserved claims at the time of the donation contract of this case. Thus, the defendant's bad faith cannot be recognized.
Related statutes
Article 173 of the Civil Procedure Act [Subsequent Completion of Litigation)
Article 406 of the Civil Code / [Right of Revocation]
Cases
Supreme Court Decision 2014Da207559 (Law No. 10, 2014)
Plaintiff-Appellant
Korea
Defendant-Appellee
Section AA
Judgment of the lower court
Seoul High Court 2013Nu2005785 (2014.03.06)
Imposition of Judgment
July 10, 2014
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
Examining the judgment of the court below and the grounds of appeal, the ground of appeal by the appellant is not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Appeal Procedure, or is deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per