사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's cause of the plaintiff's claim has transferred and acquired the credit for the loan to E-A in excess of the debt, and D has divided the inherited property by agreement with the purport that 2/9 shares of the real estate listed in the separate sheet, which is the only property on July 22, 2011, shall be reverted to the defendant in excess of the debt, and the above inherited property shall be revoked as a fraudulent act, and the defendant shall implement the procedure for the registration of ownership transfer to D due to restitution.
2. Determination on this safety defense
A. The Defendant’s lawsuit in this case is unlawful as it was brought after the exclusion period expires.
B. According to Article 406(2) of the Civil Act, a lawsuit for revocation of a fraudulent act shall be instituted within five years from the date of the juristic act, and since this period is the period for filing a lawsuit, the court shall dismiss the lawsuit for revocation of a fraudulent act instituted after such period expires as illegal.
According to the statement in Gap evidence No. 5, the division of inherited property between the defendant and D on July 22, 201 can be acknowledged. The plaintiff filed the lawsuit of this case seeking the revocation of fraudulent act against the defendant on December 19, 2019, for which five years have passed from the above, is obvious in the record.
Therefore, the lawsuit of this case is unlawful with the lapse of five years from the date on which the plaintiff, a creditor, filed a lawsuit.
3. The lawsuit of this case is dismissed as unlawful.