사해행위취소등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court’s explanation concerning the instant case is as follows, excluding the addition of the following judgments, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act
2. Matters to be judged additionally;
A. 1) The Defendant knew on November 30, 201 that the period of exclusion expires, the Plaintiff’s provisional attachment on the land owned by Gangnam-si G and J on November 30, 2010, and that the registration of ownership transfer was made in the name of the Defendant on each real estate listed in the separate sheet. Accordingly, the Defendant asserted to the effect that the instant lawsuit, which was filed one year thereafter, exceeded the exclusion period stipulated in Article 406(2) of the Civil Act.
(see, e.g., Supreme Court Decision 2001Da11239, Nov. 26, 2002). In addition, the exercise period of the obligee’s right of revocation for one year shall be examined ex officio by the court as to whether the period for filing a lawsuit is complied with. However, in cases where any circumstance is not discovered to suspect that the period has lapsed when examining all litigation materials presented to the court, the court does not have the obligation to ex officio examine additional evidence to confirm compliance with the period.
(see, e.g., Supreme Court Decision 2004Da71201, Apr. 28, 2005) Evidence Nos. 2 and 3 (Ga number) No. 3
according to each description of the Company, the separate sheet is attached.