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(영문) 대구지방법원포항지원 2020.06.16 2020가단100596

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A lawsuit for revocation of a fraudulent act shall be brought within one year from the date the creditor becomes aware of the cause of revocation.

(2) Article 406(2) of the Civil Act (Article 406(2) of the Civil Act). In full view of the overall purport of the pleadings as a whole, the Plaintiff discovered a sales contract entered in the purport of the claim between C and the Defendant and the fact of ownership transfer registration accordingly, and concluded on November 21, 2018 that the right to claim the cancellation registration of ownership transfer registration based on the revocation of fraudulent act was a preserved right and received a decision to prohibit disposal of real estate listed in the attached list from disposal as a preserved right. It is determined that the Plaintiff was aware of the relevant cause of revocation around that time (see, e.g., Supreme Court Decision 2006Da46483, Nov. 9, 2006). Accordingly, the instant lawsuit filed on Nov. 29, 2020 is unlawful and dismissed.