logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.06.10 2020가단102986
사해행위취소
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. As the instant lawsuit, the Plaintiff’s judgment on this safety defense is the instant lawsuit, and the agreement on the division of inherited property, which was held on November 8, 2014 with respect to the portion C in the real estate listed in the separate sheet that was held between the Defendant and C for the preservation of the Plaintiff’s claim against Nonparty C, is revoked on the premise that it is a fraudulent act, and the Defendant is demanding C to implement the procedure for the cancellation of ownership transfer registration that was completed on December 2, 2014 under the receipt of the Changwon District Court Kim Jong-hae registry Office (137429).

Before entering the merits, a suit for revocation of a fraudulent act shall be filed within five years from the date of the relevant juristic act, which is the time period for filing the suit, and the suit for revocation of a fraudulent act which is filed after the lapse of the time period shall be dismissed as illegal.

(See Supreme Court Decision 2001Da73138, 73145 Decided July 26, 2002). However, it is apparent that the instant agreement on the division of inherited property, the Plaintiff asserted as a fraudulent act, was concluded on November 8, 2014 in its assertion itself. It is evident that the instant lawsuit was filed five years after the said lawsuit was filed.

Therefore, the plaintiff's lawsuit of this case is unlawful because the defendant's main defense against this is reasonable.

2. The plaintiff's lawsuit of this case is all unlawful and dismissed, and it is so decided as per Disposition.

arrow