Seoul High Court 201Na101225 (Law No. 28, 2012)

The starting point of the exclusion period of the claim for revocation of fraudulent act is that the starting point of the exclusion period should be known even if there was an intention of deception.

(In order to say that the creditor, who is the starting point of the exclusion period in the exercise of creditor's right of revocation, was aware of the cause of revocation, it is not sufficient for the debtor to know that he/she conducted an act of disposal of the property and to know that he/she had an intent to cause harm to the debtor.

2012Da68224 Revocation, etc. of Fraudulent Act

Korea

Park AA

Seoul High Court Decision 2011Na101225 Decided June 28, 2012

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the arguments on the grounds of appeal do not include or are deemed to have no grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition