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Case Number of the immediately preceding lawsuit
Masan Support-2015-Gab-104285 ( October 22, 2016)
Title
A donation of his/her property to another person in excess of his/her obligation constitutes a fraudulent act, and there is no evidence to prove a donation of real estate based on a loan claim.
Summary
(1) If an obligor donated his/her own property to another person in excess of his/her obligation, barring any special circumstance, it would constitute a fraudulent act, barring any special circumstance. Since the obligor donated the instant real property to the Defendant in excess of his/her obligation, it constitutes a fraudulent act, and the intention of the Defendant, a beneficiary, is presumed
Related statutes
Article 24 of the National Tax Collection Act
Cases
2016Na22755 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
LAA
Conclusion of Pleadings
November 24, 2016
Imposition of Judgment
December 15, 2016
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
A certificate entered into on August 19, 2015 with respect to the real estate entered in the separate sheet between the Defendant and NonpartyCC
The contract shall be revoked. The defendant shall revoke the KK District Court MM support with respect to the above real property to thisCC.
In August 19, 2015, the procedures for registration of cancellation of ownership transfer registration completed by Law No. 48845 will be implemented.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation about the instant case is the same as the part concerning the reasoning of the judgment of the court of first instance.
o. cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Considering evidence, fact-finding and decision of the first instance court is not different.
2. Conclusion
Therefore, the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit.
(2) The decision is delivered with the assent of all Justices.