사해행위취소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the defendant.
The court's explanation of this case by the court of the first instance as to this case is the same as the reasoning of the first instance judgment, except for the following modifications or the part where the defendant added the judgment as to this case's argument by this court. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure
제3면 제4행의 “2013. 11. 20.”을 “2015. 11. 20.”로 고쳐 씁니다.
제4면 제8행의 “그 원상회복으로” 부분 이후부터 제13행까지를 아래와 같이 고쳐 씁니다.
It was sentenced to a judgment ordering compensation for the value that "the defendant has the obligation to pay 205,046,700 won to G and 5% interest per annum from the day following the day when the judgment becomes final to the day when he has fully repaid."
Accordingly, although the defendant appealed and appealed, all of the appeals and appeals are dismissed (Seoul High Court Decision 2017Na14220 decided July 18, 2018; Supreme Court Decision 2018Da260657 Decided November 29, 2018).
(이하 ‘제1확정판결’이라 합니다). 제6면 제1, 2행의 “이 사건 채권양도의 취소” 부분을 “이 사건 근저당권설정계약 및 이 사건 매매계약의 취소”로 고쳐 씁니다.
The gist of the Defendant’s assertion was that the Plaintiff had already known the establishment of the instant mortgage contract and the instant sales contract between the Defendant and F in around 2015, and thereafter filed the instant lawsuit after the lapse of one year thereafter. As such, the instant lawsuit was filed subsequent to the lapse of the exclusion period for exercising the obligee’s right of revocation.
Judgment
1 In the exercise of the obligee's right of revocation, the "date when the obligee becomes aware of the cause for the revocation", which is the starting point of the exclusion period, refers to the date when the obligee becomes aware of the requirement for the obligee's right of revocation, i.e., the date when the obligor
At this time, in order for the creditor to be aware of the cause of cancellation, the debtor is simply a property.