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(영문) 수원지방법원 2016.02.03 2015나820

제권판결에 대한 불복의 소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the lawfulness of the instant lawsuit

A. A lawsuit of an objection against a nullification judgment shall be brought within one month from the date on which the plaintiff becomes aware of such a cause pursuant to Article 491(1) and the proviso to Article 491(3) of the Civil Procedure Act, where a lawsuit of an objection against a nullification judgment is brought on the grounds of Article 490(2)7 of the said Act (when the nullification judgment has been obtained by false or unjust means

B. According to the records of this case, the date of preparation of the instant complaint, documentary evidence submission, and documentary evidence receipt letter shall be July 17, 2013. The date of issuance of the Plaintiff’s seal impression certificate attached to the letter of acceptance of the said complaint shall be July 3, 2013. Since it is recognized that the Plaintiff prepaid KRW 95,700 on July 17, 2013, the Plaintiff was aware on July 17, 2013 that the Defendant was subject to nullification judgment by fraud or other improper means on July 17, 2013, when the Plaintiff prepaid the instant complaint and the delivery fee to submit it to the court, and it is evident that the Plaintiff filed the instant lawsuit only after the lapse of one month from the Plaintiff’s filing date on September 2, 2013. Thus, the instant lawsuit was filed with the lapse of the period of filing the lawsuit and is unlawful.

2. The decision of the court of first instance is dismissed in accordance with the conclusion, and the decision of the court of first instance is unfair, so the decision of the court of first instance is revoked and the lawsuit of this case is dismissed, and it is so decided as per Disposition.