1. A lawsuit for revocation by a creditor shall be brought within one year from the time when the creditor becomes aware of the grounds for revocation, and since the period for exercising the right of revocation is the period for filing a lawsuit, the court shall ex officio investigate whether such period is observed, and dismiss the lawsuit for revocation filed after the said period has expired as illegal; and

Therefore, in case where there is doubt as to whether the period has been observed, the court may ex officio examine the evidence according to the necessary extent.

(See Supreme Court Decision 200Da44348 Decided February 27, 2001, etc.). Meanwhile, in a case where an obligor, with the knowledge that his/her fraudulent act would prejudice the obligee, knowingly performed a juristic act for the purpose of property right, the obligee may file a claim by means of filing a lawsuit against the court for revocation of such fraudulent act, and cannot be asserted by means of an attack or defense in a lawsuit.

(2) On January 26, 1993, the court below revoked the sales contract of this case and ordered the defendant to pay the amount equivalent to the market price of the goods of this case as compensation for the cancellation of the contract, on the ground that the defendant's act of selling the inventory goods of this case to the defendant, who is the plaintiff, under excess of his/her obligation, constitutes a fraudulent act in relation to the deceased A (the plaintiffs died on September 10, 2013 and taken over the lawsuit by the plaintiffs; hereinafter "the deceased"), which is the creditor. Upon selling the inventory goods of this case to the defendant, C knew that the defendant would harm other creditors, such as the deceased, etc. due to the lack of joint security. The evidence submitted by the defendant alone is insufficient to recognize that the defendant is a bona fide beneficiary.

3. However, it is difficult to accept the above determination by the court below for the following reasons.

The judgment below

The reasoning and the evidence duly admitted by the court below are as follows: ① Husband and wife D and C (hereinafter “D, etc.”).