사해행위취소등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 5, 2010, the Plaintiff filed the instant lawsuit seeking revocation and reinstatement, asserting that the sales contract concluded by the Defendant and C on October 5, 2010 constituted a fraudulent act.
A lawsuit for revocation by a creditor shall be brought within one year from the time when the creditor becomes aware of the cause for revocation and within five years from the date when the juristic act becomes effective. Since the period for exercising the above right of revocation is the period for filing a lawsuit, the court shall ex officio investigate whether such period is observed, and dismiss the lawsuit for revocation by a creditor which has been brought after
The fact that the Plaintiff filed the instant lawsuit on November 21, 2018, after the lapse of five years from October 5, 2010, which was the date of the said sales contract, is apparent in the record. As such, the instant lawsuit is unlawful as it fails to observe the period for filing the obligee’s right of revocation.
2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the instant lawsuit is unlawful in accordance with the conclusion.