사해행위취소 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff filed a lawsuit against D with the Daegu District Court No. 2008Gadan2875, and on June 9, 2008, “1.D shall be paid to the Plaintiff KRW 30 million until June 30, 201, and the unpaid amount shall be paid KRW 50 million and the interest for delay shall be paid in addition to the annual interest for 5% from July 1, 2011.
B. On June 8, 2012, D completed the registration of ownership transfer for each real estate listed in the separate sheet No. 1 and No. 2 to Defendant B on June 7, 2012 (No. 7301) and completed the registration of ownership transfer for each real estate listed in the separate sheet No. 3 and No. 4 on the same day to Defendant C on June 7, 2012.
(No. 7300. [Reasons for Recognition] / [Ground for Recognition] , entry of Gap evidence No. 1-1 through 4, and No. 2, and the purport of the whole pleadings
2. The lawsuit for revocation of a fraudulent act regarding the legitimacy of the lawsuit in this case is brought within one year from the date when the obligee becomes aware of the cause for revocation (see Article 406(2) of the Civil Act). Here, “the date when the obligee becomes aware of the cause for revocation” is insufficient simply by the fact that the obligee was aware of the act of disposal of the property, and the juristic act is an act detrimental to the obligee. In other words, it is impossible to fully satisfy the claim due to the shortage of joint security of the claim or the lack of joint security that has already been insufficient.