사해행위취소
1. The bonds transfer and takeover contract between the defendant and the non-party leather Construction Co., Ltd. entered into on November 27, 2012 is accompanied by the bonds transfer and takeover contract entered into in attached Form 1.
1. The Defendant, at around January 4, 2013, knew that the claim transfer and takeover contract stated in attached Form 1 as indicated in the Disposition No. 1 was already concluded between the non-party leather Construction Co., Ltd. (hereinafter “non-party company”) and the Defendant, and that there was a ground for revocation. The instant lawsuit was filed on April 17, 2015 after one year from the lawsuit, and thus, asserted that the exclusion period is excessive and thus unlawful.
The "date when the obligee becomes aware of the cause of revocation" means the date when the obligee becomes aware of the existence of the obligee's right of revocation, i.e., the date when the obligee becomes aware of the obligor's fraudulent act with the knowledge that the obligee would prejudice the obligee. Thus, it is insufficient to simply deem that the obligor was aware of the fact that the obligor committed a disposal of the obligee's property. Thus, it is necessary to make it impossible to fully satisfy the obligee's claim due to the lack of joint collateral or lack of joint collateral due to the obligor's act of damaging the obligee. Furthermore, it is necessary to inform the obligor of the fact that the obligor was aware of the intent to harm the obligor. Furthermore, it is difficult to presume that the obligee was aware of the objective fact of the fraudulent act, and the burden of proof as to the expiration of the exclusion period is difficult to find that the Plaintiff had already entered the Plaintiff's claim against Nonparty 1 until the date of filing the lawsuit in this case, and that there was no other evidence to acknowledge it between the obligor and the Plaintiff's transfer and takeover of the obligation.