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(영문) 대법원 2018.12.27 2017다290057
사해행위취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Limits of the principle of free evaluation of evidence concerning whether donations are donated;

A. In order to constitute a donation, such as remittance, there must be an agreement between the debtor and the beneficiary that the money should be reverted to the beneficiary ultimately without compensation.

There may be various causes for the transfer of money to another person's deposit account. In order to avoid tracking tax authorities, etc., a person with a certain personal relationship consented or understood that he/she should transfer money to his/her own deposit account with the knowledge that he/she should transfer money to his/her own deposit account.

Unless there exist special circumstances, it cannot be readily concluded that there was a mutual agreement between the remitter and the account holder that he/she donated the remittance amount to the account holder without compensation, solely on the fact that he/she actually permitted such a purpose to control his/her own deposit account.

In the event of a deposit account opened through the real name verification procedure under the real name verification system, barring any special circumstance, the nominal holder is entitled to claim the return of the deposit as a party to the deposit contract. This is related to the relationship with the financial company with which the account is opened, and the legal relationship between the remitter and the account holder does not immediately change.

(see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). (B)

The judgment below

According to the reasoning and the evidence duly admitted, the following facts are revealed.

(1) On March 26, 2010, C sold to F the amount of KRW 1,69 square meters G 1,299 square meters (hereinafter “instant land”) in Namyang-si, Nam-si, the purchase price of which is KRW 1,260,000,000, and received the purchase price as the agricultural bank account and check in the name of the principal, and completed the registration of ownership transfer on September 17, 2010.

(ii).

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