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(영문) 수원지방법원 성남지원 2018.02.13 2017가합402153
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff asserts that the gift contract concluded on February 22, 2017 with respect to the instant real estate between the Defendant and C was a fraudulent act detrimental to the Plaintiff, a creditor of C, and sought its revocation and restitution.

A lawsuit for revocation of a fraudulent act shall be instituted within one year from the date on which the creditor becomes aware of the cause for revocation, and within five years from the date of the juristic act (see Article 406(2) of the Civil Act), and the date on which such fraudulent act was actually committed shall be determined as the standard, but barring any special circumstances, it shall be determined whether such fraudulent act was actually committed, focusing on the date on which the cause for registration appears based on the disposal document, barring any other special circumstances.

(see, e.g., Supreme Court Decision 2002Da41589, Nov. 8, 2002). According to the above legal principle, the Defendant’s defense of the limitation period expired, and the record of the evidence No. 5, it is recognized that the Defendant completed the registration of transfer of ownership from Suwon District Court, Sungwon-nam Branch Office of Gwangju District Court as receipt No. 2153, Mar. 23, 2017, on the instant real estate due to the gift made by February 22, 2017.

However, in light of the aforementioned evidence, Gap evidence, Eul evidence Nos. 1 through 4, and Eul Nos. 1 through 11 (including each number), the whole purport of the pleadings is added to each of the above statements, and Eul entered into a sales agency contract with the plaintiff on Mar. 18, 2005, the plaintiff lent funds to the plaintiff and made sales agency for C to sell charnel houses, charnel houses, etc., Eul applied for establishment permission of the defendant to Gyeonggi-do, which is the first police officer on Feb. 21, 2007, for the purpose of the installation and maintenance of charnel houses, and Eul prepared a written consent of donation of basic property to contribute the real estate of this case to the defendant's property on Feb. 21, 2007 and written by a notary public as No. 600 on Feb. 21, 2007.

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