Case Number of the immediately preceding lawsuit
Sub-Support-2017-Ban-104646 ( November 16, 2017)
Title
Revocation of Fraudulent Act
Summary
(See the judgment of the court below) The donation contract of this case constitutes a fraudulent act and is presumed to be a bad faith of the delinquent taxpayer and the defendant who is a beneficiary.
Related statutes
Article 41 of the National Tax Collection Act
Cases
2017Na68687
Plaintiff and appellant
Korea
Defendant, Appellant
O*
Judgment of the first instance court
November 16, 2017
Conclusion of Pleadings
June 27, 2018
Imposition of Judgment
September 5, 2018
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim
The contract of donation concluded on February 3, 2016 with respect to the 108 square meters prior to ○○○○○○○-○○, ○○○○, ○○○, ○○○, ○○, ○○, on the basis of the Defendant and the Defendant* (the Defendant) will implement the procedure for the registration of cancellation of ownership transfer completed on February 23, 2016 by the Incheon District Court’s father-Support Kimpo Office, 11056 regarding the said real estate.
Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main text of Article 420 of the Civil Procedure
Therefore, the judgment of the first instance court is just and the defendant's appeal is without merit, and it is dismissed and it is so decided as per Disposition.