사해행위취소 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's acceptance of the judgment of the court of first instance concerning this case is as follows, with the exception that the part concerning the first instance court's 4th to 16th to 6th 3th of the judgment of the court of first instance (the part concerning the second paragraph (2) Item (b)) is reversed as stated in the reasoning of the judgment of the court of first instance, and therefore, it is acceptable in accordance with the main
2. The part to be mard;
As to the Defendant’s defense of this case’s provisional registration based on the promise to sell and purchase real estate was completed in the name of D, and it should be seen that, around November 2015, C applied for a seizure and collection order with respect to the remaining claims based on the reservation to sell and purchase real estate that D would have been paid by D as the third party debtor, at the time when C applied for a seizure and collection order, or at the latest on March 23, 2016 when the registration of the decision to commence compulsory auction of this case was cancelled, it should be deemed that the purchase and sale reservation between C and D subject to the revocation of the instant fraudulent act constitutes a fraudulent act.
This constitutes “the date when the obligee becomes aware of the cause of revocation” under Article 406(2) of the Civil Act, and thus, the lawsuit of this case filed at the time when one year has elapsed thereafter is unlawful.
⑵ 판단 ㈎ 채권자취소권 행사에 있어서 제척기간의 기산점인 채권자가 '취소원인을 안 날'이라 함은 채권자가 채권자취소권의 요건을 안 날, 즉 채무자가 채권자를 해함을 알면서 사해행위를 하였다는 사실을 알게 된 날을 의미한다고 할 것이므로, 단순히 채무자가 재산의 처분행위를 하였다는 사실을 아는 것만으로는 부족하고, 구체적인 사해행위의 존재를 알고 나아가 채무자에게 사해의 의사가 있었다는 사실까지 알 것을 요한다
(1) The act of selling real estate (see, e.g., Supreme Court Decisions 9Da53704, Feb. 25, 2000; 2000Da15265, Jun. 13, 2000). In addition, the act of a debtor selling real estate, which is the only property of his/her own, and changing it into money easily for consumption, barring special circumstances.