사해행위취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
According to Article 406 (2) of the Civil Code, a lawsuit for revocation of a fraudulent act shall be filed within one year from the date when the obligee becomes aware of the cause for revocation, and "the date when the obligee becomes aware of the cause for revocation" in the exercise of the obligee's right of revocation means the date when the obligee becomes aware of the requirement for the obligee's right of revocation, that is, the date when the obligee becomes aware of the fact that the obligor had committed a fraudulent act while knowing that the obligee would prejudice the obligee. Thus, it is insufficient to say that the legal act is an act detrimental to the obligee merely because the obligor becomes aware of the fact that the obligor conducted a disposal of the property, and that the legal act is an act detrimental to the obligee. In other words, it is difficult to fully satisfy the claim due to a lack of joint security of the claim, or a lack of joint security
(See Supreme Court Decision 2004Da66490 Decided March 25, 2005, etc.). If Gap evidence Nos. 2 and Eul evidence Nos. 1 added the purport of the whole pleadings, the plaintiff filed an application against the defendant, etc. for provisional injunction on disposal of the defendant's share among the real estate listed in the attached list by claiming the right to claim the cancellation of registration of ownership transfer due to the cancellation of fraudulent act as a preserved right, and the plaintiff filed a provisional injunction on disposal of the defendant's share among the real estate listed in the attached list. On April 26, 2017, the above application was accepted and issued, and the same date injunction
According to the above facts, at least the Plaintiff was aware of the grounds for revocation in April 26, 2017, for which the above provisional injunction was accepted, and since the instant lawsuit was filed on September 8, 2020, more than one year thereafter, the instant lawsuit was unlawful by setting the exclusion period.
If so, the lawsuit of this case is unlawful and dismissed.