사해행위취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The Plaintiff asserted that, on October 12, 2017, the agreement between C and the Defendant entered into with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) is a fraudulent act and sought the revocation and reinstatement thereof.
On the other hand, the defendant defense that the lawsuit of this case was in an incidental legal nature even with the exclusion period.
2. Article 406 (1) of the Civil Act provides that "if a person has knowingly performed a juristic act for the purpose of property right with the knowledge that he would prejudice the obligee, the obligee may file a claim with the court for its cancellation and restitution." Paragraph (2) of the same Article provides that "the lawsuit under the preceding paragraph shall be filed within one year from the date when the obligee becomes aware of the cause for cancellation and within five years from the date of the juristic act." In the exercise of the obligee's right of cancellation, "the date when the obligee becomes aware of the cause for cancellation" means the date when the obligee becomes aware of the obligee's right of cancellation, i.e., the date when the obligee becomes aware of the fact that the obligor committed an act of disposal of the property with the knowledge that it would prejudice the obligee, and that the juristic act would compromise the obligee, i.e., the lack of common security or lack of common security, and thus, the obligee's intent to make a provisional seizure available to the Defendant as the whole, 201.