사해행위취소
1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:
In the lawsuit of this case.
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the claim for the revocation of the fraudulent act and restitution of the shares 2/9 out of the real estate No. 4 of this case against the Defendants, asserting that the first agreement division concluded on August 3, 2009 with respect to the shares 2/9 out of the real estate No. 4 of this case between the network D and C constituted a fraudulent act. The Plaintiff sought the revocation of the first agreement of the agreement of the division and the restoration thereof with respect to the shares 2/9 out of the real estate No. 4 of this case and sought the revocation of the agreement of the first agreement of the instant case and the restoration thereof.
Article 406(2) of the Civil Act provides that the exclusion period for the exercise of the right of revocation shall be one year from the date when the obligee becomes aware of the cause of revocation and five years from the date of the juristic act. Thus, the fact that the Plaintiff filed the instant lawsuit against the Defendants for the cancellation of the instant first agreement division contract and restitution to the original state after the lapse of five years from August 3, 2009, which was the date of the conclusion of the first agreement division contract of this case, is apparent in the record, and thus, the Plaintiff’s lawsuit against the Defendants is unlawful as it exceeds the exclusion period.
3. Part concerning the claim for the revocation of fraudulent act with respect to one-third share out of the real estate of this case Nos. 1 through 3
A. The judgment on the cause of a claim 1: (a) The agreement on division of the inherited property with respect to the inherited property, which is a provisional co-inheritors upon commencement of inheritance, is to confirm the reversion of the inherited property by either having all or part of the inherited property owned independently by each inheritor or having performed as a new co-ownership relationship; and (b) in its nature, it can be subject to the exercise of the right to revoke a fraudulent act; and (c) on the other hand, the debtor’s act of selling real property, the only property of which is