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(영문) 대법원 2010. 06. 24. 선고 2010두5523 판결
배우자의 명의로 가수금을 입금하고 변제받는 경우의 증여 여부[국승]
Case Number of the immediately preceding lawsuit

Daegu High Court 2009Nu1212 (Law No. 29, 2010)

Case Number of the previous trial

National High Court 2007Gu0984 ( October 02, 2007)

Title

Whether a donation is made in the name of the spouse after making a deposit of the provisional payment.

Summary

In this case, it is reasonable to view that the husband paid the provisional money to a juristic person under the name of the wife who has no particular income, and the wife received and used it.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

In comparison with the records of this case and the judgment of the court below, the allegation in the grounds of appeal by appellant is not accepted in accordance with Article 4 of the Act on Special Cases Concerning the Procedure for Appeal.

Therefore, the appeal is dismissed in accordance with Article 5 of the Act. It is so decided as per Disposition by the assent of all participating Justices.

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