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(영문) 의정부지방법원 2021.02.16 2020가단126149
사해행위취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 9, 2020, the Seoul Southern District Court rendered a judgment that "C shall pay to the Plaintiff 20,458,890 won and 6,779,065 won, which is the amount calculated by the rate of 24% per annum from June 24, 2010 to the date of complete payment," and the above judgment became final and conclusive.

B. C’s father D’s death, and on November 30, 2012, the Defendant, a mother, entered into an inheritance contract by division with the content that all of the real estate listed in the separate sheet (hereinafter “instant real estate”) as inherited property (hereinafter “instant contract”), and the Defendant completed the registration of transfer of ownership of the instant real estate on April 22, 2019 on the grounds of the said contract, and on the same day, the instant real estate came to fall under the ownership transfer on April 18, 2019, as it was based on the sales contract on April 18, 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. A lawsuit for revocation of a creditor’s judgment as to the legitimacy of the lawsuit in this case shall be filed within one year from the date when the creditor becomes aware of the cause for revocation and five years from the date of the juristic act. Since the period for exercising the right to revocation is the period for filing a lawsuit, the court shall ex officio investigate whether the period has been observed and dismiss the lawsuit brought after the said period has expired as illegal. Thus, in a case where there is doubt as to whether the period has been observed, the court may conduct an ex officio examination of evidence as to this case, to the extent necessary (see, e.g., Supreme Court Decision 2011Da110579, Apr. 12, 2012). As to this case, health class, and the instant contract, which is the act of causing harm to the Plaintiff, was concluded on Nov. 30, 2012, and five years have passed since the Plaintiff’s filing of the lawsuit in this case, the period for filing a lawsuit in this case was over the period of litigation.

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