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Case Number of the immediately preceding lawsuit
Incheon District Court 2015Na51036 ( December 16, 2015)
Title
(Trialless Conduct) Whether it constitutes a fraudulent act
Summary
(In the original instance), it is difficult to regard the money remitted by the obligor to the Defendant as an act of repayment of the existing loan or indemnity, and it is reasonable to regard it as an implementation under the gift contract.
Related statutes
Article 406 of the Civil Code, Right of Revocation
Cases
2016Da202268 Revocation of Fraudulent Act
Plaintiff-Appellant
Korea
Defendant-Appellee
○ Kim
Judgment of the lower court
Incheon District Court Decision 2015Na51036 Decided December 16, 2015
Imposition of Judgment
on April 28, 2016
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per